FAMILY MEDICAL LEAVE ATTORNEY
Family Medical Leave Act Lawyers can advise employees whether their leave of absence from work is covered under the Family Medical Leave Act (FMLA), and all other applicable laws such as pregnancy leave, disability leave, or leave for a work related injury. Disability and Pregnancy Leave (Maternity Leave) laws allow employees to be out of work more than three months. The Family Medical Leave Act allows employees to miss only twelve weeks of work in a year’s period if they qualify for FMLA Leave. It is important to consult an experienced employment lawyer to determine which leave law applies to a particular work leave of absence.
The Family Medical Leave Act covers leaves of absence from work as follows:
To care for an employee’s own serious medical condition
To care for the serious medical condition of family members
The birth or care of a newborn child of the employee or their spouse
Employees who have worked for one year or more at an employer with 50 or more employees in a 75 mile radius (qualifying employees must also be employed for 1,250 or more hours during the preceding year)
How long of an Absence Does the Family Medical Leave Act cover?
Employees may take up to twelve weeks of FMLA leave during a one year period. The Family Medical Leave can be taken all at once or intermittently. Amongst other things, intermittent FMLA Leave can be used to go to medical appointments, or recuperate. Intermittent Family Medical Leave can include missing only a few hours in a work day to missing entire days. Sometimes employees get cleared by their doctors to go back to work, but have the right to take intermittent Family Medical Leave if they have a medical condition that might require their absence from work on a periodic and sometimes unpredictable basis.
How to go about taking a medical leave of absence from your particular employer is legal advice we cannot provide online. Generally, the EEOC recommends employees:
Review their employer’s employee handbook
Review any leave of absence policies their employer has
Make inquires to their employer how to go about taking a leave of absence
Consider both with yourself and your employer what leave of absence policies may apply such as cancer leave policies, disability leave policies, and pregnancy leave policies. Employers often mistakenly believe only one leave of absence policy applies such as the Family Medical Leave Act which causes the need of a FMLA lawyer.
Employees denied FMLA Leave may have a case for interference and/or denial of FMLA rights. Such legal disputes arise when either the employee is initially denied FMLA leave, they are not reinstated to a comparable job, or the employer refuses to allow the employee to be out on FMLA leave for the duration of their available FMLA leave.
FMLA leave requires employers to return employees to comparable job positions when they return from a Family Medical Leave. If the employer fails to return the employee to a comparable position, or otherwise retaliates against the employee including firing them they should contact an experienced FMLA lawyer.
LEAVE OF ABSENCE LAWYER
Many large employers improperly believe FMLA is the only leave of absence available to an employee. It is essential employees suffering from cancer, disabilities, pregnancy, or work related injuries consult an experienced leave of absence lawyer to determine if the employer has violated employee rights laws and fired the employee who would be entitled to a leave of absence other than merely FMLA.
Disabilities are permanent or longstanding medical conditions. Employers have an obligation to grant reasonable accommodations to employees with disabilities. Reasonable accommodations include leaves of absence for more than twelve weeks. In addition, employees employed by employers with fewer than 50 employees qualify for disability leave. Cancer constitutes a disability under most circumstances. Long standing work injuries may also constitute disabilities.
Pregnancy related medical conditions must be accommodated by employers for four months. Employees who are put off work by their doctors for two months, and then wish to take two months maternity leave should be covered by pregnancy disability laws.
There are a variety of legally required leaves of absence you should consult an experienced leave of absence lawyer about if you have lost your job because you had to take a leave of absence.
EMPLOYEES WHO WERE FIRED FROM A WASHINGTON D.C. EMPLOYER MUST CLICK HERE
Representing Maryland employees in: Annapolis, Bethesda, Baltimore, Beltsville, Bladensburg, Bowie, Cambridge, Capitol Heights, Clinton, College Park, Cumberland, District Heights, Edgewater, Elkton, Fort Washington, Fredrick, Gaithersburg, Grasonville, Glen Burnie, Greenbelt, Hagerstown, Hanover, Hyattsville, Lanham, Lonaconing, Laurel, Marlboro, Millersville, Montgomery Village, Odenton, Oxon Hill, Pasadena, Preston, Rising Sun, Riverdale, Rockville, Saint Michaels, Salisbury, Severn, Severna Park, Silver Springs, Springdale, Stevensville, Suitland, Temple Hills, Upper Marlboro, Waldorf, West Ocean City, and White Plains