For many workers, the Family Medical Leave Act is critical. It gives them time off when needed so they can focus on their jobs while they are at work. Unfortunately, many employers can not see past the “time off when needed” portion of this federal law. As such, they are opposed to all forms of FMLA leave. Intermittent FMLA leave is especially troublesome for some employers.
Because of this gap, it is important to have a good FMLA attorney, like Mitchell A. Kline, in your corner. Our professional team knows the law, and we know how to make it work for families in Park Ridge. The Family Medical Leave Act offers federally-guaranteed job benefits to workers who need them most. Be sure you stand up for your rights so you can take care of yourself and your family.
In the employment law area, many workers are entitled to protection simply due to their status. For example, it is illegal to fire or reassign a worker because she is pregnant. Refusal to hire a man over 40 might also be grounds for a successful employment discrimination action. In these cases, the claimant must normally prove unlawful action by a preponderance of the evidence.
But all eligible workers, regardless of their status, are entitled to FMLA leave. The eligibility requirement roughly follows the 12-12-12 rule:
Additionally, these workers must have at least 1,250 hours of service over the past 12 months. That works out to roughly 25 hours a week. Moreover, the employer must have at least 50 employees working within a 75-mile radius.
FMLA leave is unpaid. But an employer can not dock Paid Time Off or other leave accounts. Moreover, unless the worker is a highly compensated worker, the employee must return to the same job or a substantially similar position. FMLA leave can never affect benefits eligibility or other service-related items.
Expanded qualification is just one difference between a discrimination action, including a disability discrimination action, and FMLA leave. The purposes are different as well. Discrimination is strictly a personal action. But employees can use FMLA leave for many purposes, including:
People recovering from serious health conditions usually have good days and bad days. So, intermittent FMLA leave is generally available in these situations. Employees may report to work on their good days, stay home on bad days, or leave early or come in late on their in-between days.
If you are denied these benefits, it is important to work with an experienced attorney. A lawyer can usually resolve these claims quickly and on favorable terms. So, you can get back to work and take care of your family. These things are in everyone’s best interest.
The Family Medical Leave Act provides important benefits for you and your family. For a free consultation with an experienced employment law attorney in Park Ridge, contact the Law Office of Mitchell Kline. After-hours visits are available.