FMLA Lawyer in Atlanta
The Family and Medical Leave Act is an important law. It allows employees to take time off their jobs in order to attend to various important health-related matters. Some examples include taking care of any health issues of their own and helping family members who need care. One important thing to note is that FMLA applies to every single state, including the state of Georgia.
For that reason, a Georgia FMLA lawyer can help you understand and abide by the law. This goes for both employers and employees in the state of Georgia. Let’s get into FMLA eligibility and how this law is applied in the state of Georgia.
Who Is Eligible for Time Off under the Family and Medical Leave Act?
One fact that an Atlanta FMLA lawyer will tell you immediately is that the Family and Medical Leave Act gives certain employees a total of 12 weeks of job-protected, unpaid leave. This act also requires that the employee’s group health benefits remain intact during the duration of their leave. The Family Leave and Medical Act applies to all companies that have 50 employees or more, all public agencies, and all private and public secondary and elementary schools.
Employees have to meet certain requirements in order to be eligible for this leave according to the Family and Medical Leave Act. Employees must have worked a minimum of 1,250 hours over the previous 12 months. Additionally, employees must have worked for the employer for a minimum of 12 months. Also, employees have to work at–or report to–a location where their employer employs 50 employees or more within 75 miles.
What Are Acceptable Reasons for Employees to Take Time Off under the Family and Medical Leave Act?
The FMLA in Georgia and in any other state allows eligible employees to take up to 12 weeks of unpaid leave for various reasons. The most common is leave can be granted where the employee or an immediate family member (In this context, an immediate family member means a parent, child, or spouse) has a “serious health condition.”
Section 101(11) of FMLA defines serious health condition as “an illness, injury, impairment, or physical or mental condition that involves:
–inpatient care in a hospital, hospice, or residential medical care facility; or
–continuing treatment by a health care provider.”
An eligible employee can also take FMLA leave so they can take in a child for foster care or adoption. In the event that an employee takes time off work because of pregnancy complications, this can count against the 12 weeks of medical and family leave provided to eligible employees under the Family and Medical Leave Act.
Employees must provide reasonable notice of their intent to use FMLA leave. What is reasonable is based on the facts but employees should take care to mention FMLA specifically when reporting or requesting time off. The FMLA also allows intermittent leave that can be taken in smaller blocks of time, often as little as a few hours, up to the maximum of 12 weeks.
Employees should be careful to track their FMLA leave. Employees are not protected by the FMLA even 1 day past their 12-week allotment, regardless of whether a physician has released the person to return to work.
Do Employees Have to Request FMLA Leave in Georgia?
This is an important question to answer. In Georgia, employees do not have to request leave specifically under the Family and Medical Leave Act in order to be eligible for it. The employee must provide the employer with sufficient information so that the employer is aware that the Family and Medical Leave Act may cover the employee’s leave. Once the employee has done so, the employer is obligated to look into the employee’s leave further to figure out if it is covered by the Family and Medical Leave Act.
What Is The Connection between Workers’ Compensation and FMLA Leave?
Employees in the state of Georgia have their workers’ compensation rights and Family and Medical Leave Act rights at the same time. It is possible for employees to receive workers’ compensation while away from work on FMLA-covered leave. If an employee suffers an injury while working that qualifies as a serious health issue as well. They may go on FMLA leave and receive workers’ compensation benefits as well.
There is one important distinction to make, however. Employees cannot receive paid leave and wage loss benefits via workers’ compensation at the same time. However, leave under the Family and Medical Leave Act is unpaid, anyway. You should speak to a Georgia lawyer if you have questions about receiving workers’ compensation benefits while on FMLA leave.
Visit Our Website For Great Legal Help Today
You should consult DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin LLC if you need legal advice or assistance with the Family and Medical Leave Act in Georgia. We have experienced Georgia labor attorneys that can assist you. We even offer a free consultation to our clients. Visit our website today or call (470) 443-0524 for legal assistance.