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FMLA Lawyer Near Me

FMLA Lawyer Near Me

While employees are often given various benefits by their employers, they can also receive state and federal benefits, if they are eligible. One federal benefit that employees may not know about is the Family and Medical Leave Act (FMLA). This benefit allows for unpaid leave to help employees balance their work and family responsibilities. It is available for both men and women, allowing for equal opportunity.

FMLA applies to all public agencies and all public and private elementary and secondary schools, as well as companies with at least 50 employees. If you are eligible for FMLA benefits but have been denied, your employer may be engaging in illegal activity. You could be facing discrimination. Contact an FMLA lawyer near you today to discuss your case and learn about your legal rights.

What is Family and Medical Leave?

Under the Family and Medical Leave Act, employees are eligible for leave based on their employer status as well as the amount of time they have worked. They must have worked for their employer at least 12 months and have worked at least 1,250 hours. They must also work at a company that employs at least 50 employees within 75 miles. 

If they are eligible, employees are given up to 12 weeks of unpaid leave per year. They are allowed to use this leave for several main purposes, such as:

  • To care for a newborn or newly adopted child,
  • To care for a sick family member
  • To recover from an illness
  • To deal with issues that arise in relation to the deployment of a family member

FMLA time is often given to women with pregnancy complications. Women can use this time before the baby is born and the time off can be counted against the 12 weeks of leave.

When anyone uses FMLA leave, their job is protected and they will keep their group health benefits during the leave. They cannot be fired or lose their benefits.

What Happens If My Leave is Denied?

If your employer is denying your FMLA leave, your first step should be to file a complaint with the human resources department. If they cannot resolve the issue, you should file a claim with the Equal Employment Opportunity Commission (EEOC). An FMLA lawyer near you can help with the process.

After conducting a thorough investigation, the EEOC will try to resolve the issue by negotiating a settlement between you and your employer. If you are unable to agree on a settlement, your FMLA lawyer can help you pursue a lawsuit and collect damages. 

Contact Us Today

Employees need to understand their rights. They are guaranteed FMLA under federal law if they and their employer meet all the requirements. 

If you have been denied FMLA leave by your employer, take legal action by contacting an FMLA lawyer near you. The Law Office of Mitchell A. Kline can assist you if your rights have been violated. Schedule a consultation by filling out the online form or calling the office.

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