FMLA Leave

FMLA Leave

The Family and Medical Leave Act (FMLA) is a federal statute that provides up to 12 weeks of leave during a 12-month period to eligible employees. The leave may be paid, unpaid or a combination of paid and unpaid leave, depending on the circumstances of the leave and as specified in this policy. 

To qualify for FMLA, the employee must normally meet all of the following conditions:

  1. The employee must work for a covered employer;
  2. Work 1,250 hours during the 12 months prior to the start of leave;
  3. Work at a location where 50 or more employees work at that location or within 75 miles of it; and
  4. Have worked for the employer for 12 months. The 12 months of employment are not required to be consecutive in order for the employee to qualify for a FMLA leave. Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave.

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) dictates that hours an employee would have worked but for their military service are credited toward the employee’s required 1,250 hours worked for FMLA eligibility. 

When requesting a FMLA leave, communication is key. In general, that statute requires the following:

  1. The employee must provide the Company with notice when the employee knows they need to leave. 
  2. The Company must notify the employee as to whether they are an eligible employee for FMLA leave within 5 business days of the employee’s request.
  3. The Company must then provide the employee with their FLMA rights and responsibilities, as well as any request for certification. 
  4. If the Company requests a certification, the employee must provide a completed certification to the Company within 15 calendar days.
  5. The Company then must notify the employee as to whether the leave has been designated as FMLA within 5 business days. 
  6. After the FMLA leave and the employee returns to work, the Company must return the employee to the same or nearly identical job. 

If you believe that you have either been denied FMLA leave or retaliated against for taking leave, please contact Oliver Law Office for a consultation today.

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Jon Freed
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I need to tell you how great it was for Attorney Jami Oliver to handle my case. First she listened to what the situation that I was facing.... She educated me on what the chances were as far as possible success as well as pitfalls that could disrupt that success. She was very honest as far as letting us know the chances of winning versus losing. It was a difficult case, and she still educated us as to what our options were and how the process worked. She instructed us on what to say as well as what not to say. Sometimes you need to talk and other times not talk. She believed in us and fought for us. You can't go wrong to hire her the staff that compliments her strengths. John Zimmerread more
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