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Fight for Your Family: Everything You Need to Know About Family Medical Leave

Introduction to Family Medical Leave:

Family medical leave is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons. The FMLA was enacted in 1993 by President Bill Clinton as part of the Family and Medical Leave Act (FMLA). This law applies to all public agencies and companies with more than 50 employees working within a 75-mile radius.

Understanding Your Rights under the FMLA:

As an employee, you have the right to take family medical leave if you work for a covered employer and meet certain requirements. To be eligible for FMLA leave, you must have worked for your employer for at least 12 months, which do not need to be consecutive. You also need to have worked at least 1,250 hours during the previous 12 months and work at a location where the company employs at least 50 people within a 75-mile radius.

Family Medical Leave AttorneyHow to Apply for and Use Family Medical Leave:

To apply for family medical leave, you should inform your employer about your intention to take leave and provide them with enough information to determine whether you are eligible for FMLA leave. You can use a form provided by your employer or write a letter explaining your situation. Once your request has been approved, you will receive written notice from your employer outlining the terms and conditions of your leave. During your leave, you cannot perform any work for your employer, but you continue to accrue benefits such as health insurance and retirement plan contributions.

Common Misconceptions about Family Medical Leave

One common misconception about family medical leave is that it is only available for serious illnesses or injuries. In fact, FMLA leave can be used for a wide range of situations, including caring for a sick family member, bonding with a new child, or dealing with domestic violence issues. Another misconception is that FMLA leave is paid time off. While some states offer paid family leave programs, FMLA leave is typically unpaid unless you choose to use vacation or other paid time off while on leave. You can also speak with an employment law attorney to direct you on this. 

Resources for More Information on Family Medical Leave:

If you have questions about family medical leave, there are many resources available to help you. The U.S. Department of Labor provides detailed information about FMLA on its website, including FAQs and fact sheets. Many employers also have human resource departments that can answer questions about their policies and procedures related to family medical leave. Additionally, there are nonprofit organizations and legal aid groups that specialize in helping workers understand their rights and navigate complex employment laws like FMLA.

If you wish to file for this, contact Lytle & Barszcz today to learn more. Our consultations are free.

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The Plaintiff was a minimum wage worker and had been employed less than one (1) month at the Burger King franchise. About a year before working for the company in 2017, she was in a horrific car accident that led to her needing the trachea tube in order to breathe. She was hired by a manager who was informed about the tube and saw it during her initial interview, but a “higher management official” came to the store after she started working and directed that she be terminated because of the trachea tube.

The jury’s award includes $2 million in punitive damages, as well as $30,000 for emotional pain and mental anguish, and $15,519.60 for lost wages, after just a two day trial.

If you think you may have a claim for disability discrimination, contact Lytle & Barszcz today to learn more. Our consultations are free.

All communications with our firm are confidential and privileged.

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