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Areas of Practice: FMLA Rights

The Family and Medical Leave Act ("FMLA") sets forth the right for eligible employees to take a medical leave of absence for up to twelve weeks for their own "serious medical conditions," those of a family member, or to care for a newborn baby. Generally, you are an "eligible employee" if you have worked for your employer for at least at least a year and have worked at least 1,250 hours in the twelve months preceding the need for the leave of absence. Generally, if your employer has at least 50 employees within 75 miles of where you work, it is subject to the FMLA.

The FMLA provides important rights to not only take a leave of absence under certain circumstances, but also to return to work afterwards at a position identical or virtually identical to the one you had before your leave. The law allows you to take leave in large blocks of time (generally for weeks at a time) or sporadically and in small increments. While you do not need to specifically mention the FMLA to invoke your rights, you do need to provide enough information to your employer so that it understands or should understand that you require a leave of absence under the FMLA. You should give as much notice to your employer for your need for leave as the circumstances permit. Your employer is allowed to require medical certification for you go on leave pursuant to the FMLA and return to work afterwards.

It is unlawful for an employer to deny you FMLA rights to which you are entitled or to retaliate against you for exercising your FMLA rights. An employer may not take into account an FMLA-protected absence in making important employment decisions.

Have your Family and Medical Leave Act rights been ignored making it difficult or impossible to return to work? Contact us at LeGrant Law Firm, we can help!