FMLA Claim Attorney
You Don’t Have To Choose Between Work And A Family Medical Crisis
If you have encountered problems with getting time off from work to care for a seriously ill child or parent, or for your own surgery and recovery, contact the Law Office of William M. Julien, P.A., in Boynton Beach for the advice of an experienced FMLA lawyer.
The federal Family and Medical Leave Act (FMLA) protects workers from having to choose between the conflicting claims of job and family in situations where the demands of a family member’s health condition or immediate medical needs require you to take time off from work. Under the disability laws, an employee has additional protections that allow for time off to recover or to obtain treatment for illnesses. Employers sometimes violate the FMLA.
Know Your Responsibilities For An FMLA Claim
The FLMA provides job protection, but employees do have established procedures and responsibilities to ensure that protection under the act. FMLA entitles employees to leave, makes sure that health benefits will be maintained and that the employee’s job will be restored when the leave ends. Employees must also meet notice requirements and certify the need for leave.
The employer is entitled to documentation showing the nature and duration of the treatment for which time off is requested, and an employee’s failure to give proper notice of the request or any reasonably requested medical documentation can jeopardize the employee’s right to assert an FMLA claim.
If employers fail to live up to their obligations under FMLA, refuse unpaid medical leave upon a proper showing of qualified leave, or retaliate against a worker for using rights to time off from work, they risk liability for damages. The most common example of retaliation is termination for a different stated reason after the employee returns from a period of family or medical leave.
Reasons For FMLA Claims
Examples of situations covered under the FMLA are the following:
- Pregnancy, childbirth and maternity
- Cancer treatment
- Surgery to repair back, knee or wrist injuries
- Treatment for heart disease
- Extended care for a child or parent
- Psychiatric treatment
The Help And Answers You Need When It Comes To FMLA
The Family and Medical Leave Act, or FMLA, is very complicated. If you need to use FMLA but have run into an issue with your employer, you will probably need the help of an attorney. We can assist you – and we can answer any questions that you have about FMLA. On this page, we have done just that by replying to some of our prospective clients’ most common questions.
How does the Family and Medical Leave Act work?
Under the FMLA, workers have the right to take up to 12 weeks of unpaid leave per year without the risk of losing their jobs or their health care benefits. This applies to private companies, public entities and nonprofits with at least 50 employees.
What can I use FMLA for?
You can take time off under FMLA for a variety of medical or family reasons, including:
- Illnesses and other health conditions
- A relative’s illness or health condition
- The birth of a child
- Adoption or foster care placements
Military family members have up to 26 weeks of unpaid leave per year to address the previously mentioned issues or issues related to their family member’s military service.
Am I eligible for FMLA?
To take time off using the Family and Medical Leave Act, you must meet these criteria:
- Worked for your employer for at least 12 months
- Worked at least 1,250 hours for your employer
- Worked for an employer that has at least 49 other employees (50 employees total)
If you meet these criteria, you have the right to FMLA leave.
I think my employer is retaliating against me for taking FMLA. What should I do?
It is against the law for employers to punish, demote or fire workers for taking FMLA leave. If your employer has retaliated against you, start by carefully documenting their actions. Then, contact an employment law attorney who handles claims related to FMLA.
Discuss Your Situation With A Knowledgeable Employment Law Attorney
For additional information about your right to take time off from work either for your own medical needs or for those of a family member, contact William Julien for information about your claim. We usually work on a contingency fee basis, meaning you will not pay any fees unless we recover compensation for you. To speak with a team member, please call 561-560-5597, call us toll-free at toll-free at 888-993-4611 or send us an email to schedule a free consultation.