Family And Medical Leave Act Attorneys
Few federal employment statutes cause more workplace disputes than the Family and Medical Leave Act (FMLA). Employers are frequently concerned with ensuring their compliance with the law, and workers often worry about protecting their rights.
The experienced team at Strause Law Group, PLLC, supports employers with various employment law compliance matters, including FMLA leave requests. We can also offer insight to workers denied leave or punished for taking FMLA leave.
What Is the FMLA?
The FMLA is a federal law mandating that employers allow workers to take up to 12 weeks of unpaid leave in specific scenarios. It prohibits retaliation against workers and provides clear guidance regarding leave rights.
Who Is Eligible for FMLA Leave?
A business must have at least 50 workers within 75 miles for an employee to request FMLA leave. Further, the employee must have a year of work history and 1,250 hours worked within the last year to be eligible.
Employees must also face a qualifying situation, including:
- The birth of a child
- Adoption or foster placement of a child
- A serious health condition
- The health condition of a spouse, child or parent
- Military caregiver support for immediate family members
Typically, workers are eligible for up to 12 weeks of unpaid leave. If an employee takes leave to provide medical support to a military family member, they could take up to 26 weeks of leave.
What Should Employers Know About FMLA Compliance?
Employers can, at their discretion, offer full or partial compensation during leave. Crucially, they must allow a worker to return to the same position or one that offers comparable pay and benefits.
Our FMLA attorneys can help employers avoid common pitfalls, such as insufficient documentation, failing to properly train managers, miscalculating eligibility for leave and inconsistent enforcement of company FMLA policies. We can conduct policy audits and assist with manager training. Moreover, we can also help review leave requests to ensure an appropriate response.
Get Insight Into an Unpaid Leave Issue Today
Whether you are a worker facing retaliation for taking FMLA leave or a business responding to an FMLA-related lawsuit, Randall Strause can provide insight and guidance.
If you need information about the law or advocacy during a dispute, a member of our team can serve as your FMLA lawyer. Schedule a consultation about your concerns today by calling 502-498-8268 or clicking here to schedule an initial consultation.