Eligibility for FMLA
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with the right to take job-protected time off of work for certain circumstances and/or medical conditions. While the FMLA can grant workers some powerful protections:
- Not every employee is covered by the FMLA.
- Not every employer abides by the FMLA.
When people’s FMLA rights are violated by an employer, the trusted Atlanta FMLA lawyers at the Law Firm of Barrett & Farahany, LLP can help them:
- Assert their FMLA rights
- Hold the employer accountable
- Obtain the justice and compensation they may deserve.
Who Is Covered By the FMLA?
Any employer that has 50 or more employees who work within a 75-mile radius of that employer’s workplace will be required to abide by the Family and Medical Leave Act. However, just because an employer must comply with the FMLA does not mean that every employee of that covered employer will qualify for FMLA protections.
For employees to qualify for FMLA, they must:
- Have worked for the covered employer for at least one year
- Have worked at least 1,250 hours during the previous 12 months.
Qualified Employees’ Rights under the FMLA
When employees are covered by the FMLA, they will have the right to take job-protected leave from work for:
- Pregnancy and/or the birth of a child
- Adoption and/or foster care placement of a child
- Treating their own serious health complications
- Treating a family member’s serious health complications
- Qualifying circumstances related to deployment (of a family member) and/or a family member’s illness related to military service.
Leaves granted by the FMLA can be up to 12 weeks long, and this time/leave can be broken up, meaning that the 12 weeks does not have to be taken all at once.
FMLA Violations: How Employers May Violate Your FMLA Rights
When employees’ FMLA rights are violated, these violations can come in many forms, with just some common examples including employers:
- Firing or demoting workers for trying to take leaves from work
- Failing to hold workers’ jobs open for them and/or return workers to similar positions when they come back from leaves
- Postponing reinstatement
- Misclassifying workers as “key employees” to try to deprive them of FMLA protections
Atlanta FMLA Lawyers at the Law Firm of Barrett & Farahany, LLP
Has your employer violated your rights under the FMLA? If so, it’s time to take action with the help of the experienced Atlanta FMLA lawyers at the Law Firm of Barrett & Farahany, LLP.
At Barrett & Farahany, we are committed to being aggressive advocates for our clients’ rights and to:
- Providing them with personalized, responsive legal service
- Keeping them informed about the progress of their cases
- Helping them obtain the best possible resolutions.
Our Atlanta FMLA lawyers are innovative, persistent, and motivated, and they are ready to put their experience, skills and insight to work helping you.