The Family and Medical Leave Act (FMLA) is a federal law that provides some employees with the right to take unpaid, job-protected leave for specific medical and family reasons. For workers in Georgia, understanding their rights under FMLA is crucial. Whether you need time off to care for a newborn, recover from a serious health condition, or tend to a family member, FMLA ensures that your job and benefits are protected during your absence.
At Georgia Wage Lawyers, we specialize in helping employees understand and exercise their rights under FMLA. If your employer is denying your leave or retaliating against you for requesting it, our experienced FMLA attorneys can help protect your rights.
What Is the FMLA?
The Family and Medical Leave Act was enacted in 1993 to provide workers with the ability to take time off for personal or family medical reasons without fear of losing their job. Under FMLA, eligible employees can take up to 12 weeks of unpaid leave within a 12-month period. (How that 12 months is calculated is part of the law.) During this time, employers must continue providing group health insurance benefits, and employees must be reinstated to the same or equivalent position upon their return.
Some common reasons employees take FMLA leave include:
- The birth or adoption of a child.
- Caring for a seriously ill spouse, child, or parent.
- Recovering from a serious health condition.
- Certain qualifying situations related to a family member’s military service.
FMLA in Georgia
Georgia does not have its own family and medical leave laws. As a result, employees in Georgia must rely on the federal protections provided by FMLA. While FMLA applies uniformly across the country, it’s important for employees to understand how these rules are enforced in Georgia workplaces.
To qualify for FMLA, employees may work for public agencies, schools, or private employers with at least 50 employees within a 75-mile radius. Employees are eligible for FMLA leave if:
- They have worked for their employer for at least 12 months.
- They have worked at least 1,250 hours during the 12 months preceding the leave.
- They work at a location where the employer has at least 50 employees.
If your employer does not meet these criteria, or if you are unsure of your eligibility, consulting an experienced FMLA lawyer can help clarify your rights.
One complicated area of the FMLA is intermittent leave. Intermittent leave can be taken a few hours at a time in appropriate circumstances. We can help you to receive any leave that you are eligible for.
What Qualifies as a Serious Health Condition?
One key component of FMLA is understanding what qualifies as a “serious health condition.” According to the U.S. Department of Labor’s FMLA Fact Sheet #28, a serious health condition is an illness, injury, impairment, or physical/mental condition that involves either:
- Inpatient care, such as an overnight hospital stay.
- Continuing treatment by a healthcare provider, including chronic conditions that require periodic medical visits.
Common examples of serious health conditions include:
- Pregnancy complications.
- Cancer treatments.
- Mental health conditions requiring therapy.
- Recovery from surgery or hospitalization.
If your employer questions the validity of your condition or denies your leave, an FMLA attorney can help you gather the necessary documentation and fight for your rights.
Common FMLA Violations by Employers
Unfortunately, not all employers comply with federal regulations. Some employers attempt to deny valid leave requests, fail to restore employees to their previous positions, or retaliate against workers for taking leave. Common violations include:
- Refusing to grant FMLA leave to eligible employees.
- Requiring employees to perform work while on leave.
- Demoting or firing employees for taking leave.
- Failing to reinstate employees to an equivalent position.
If you’ve experienced any of these violations, it’s essential to act quickly. Working with an experienced FMLA lawyer ensures your rights are protected and that your employer is held accountable.
How Georgia Wage Lawyers Can Help
Navigating FMLA regulations can be challenging, especially if your employer is denying your leave or retaliating against you. At Georgia Wage Lawyers, we specialize in helping employees understand their rights under FMLA and fight against employer violations.
Here’s how we can help:
- Assess Your Situation: We’ll review your employment history, eligibility, and medical documentation to determine if you qualify for FMLA leave.
- Challenge Employer Denials: If your employer denies your request, we’ll build a strong case to advocate for your rights.
- Protect Against Retaliation: We’ll take legal action if your employer retaliates against you for taking or requesting leave.
- Guide You Through the Process: From documentation to appeals, we’ll handle the legal complexities so you can focus on your health and family.
Why You Need an FMLA Attorney
FMLA disputes can be emotionally and financially draining. Without legal representation, it’s easy for employers to take advantage of employees who are unaware of their rights. Hiring an experienced FMLA attorney ensures that your case is handled professionally and that you receive the leave and protections you deserve.
At Georgia Wage Lawyers, we fight tirelessly to protect employees in Georgia. With years of experience handling FMLA cases, we know the tactics employers use to deny leave or retaliate. Let us stand by your side and fight for your rights.
Protect Your Rights with Georgia Wage Lawyers
The Family and Medical Leave Act exists to protect employees during some of life’s most challenging times. If you’re struggling with a serious health condition, caring for a loved one, or welcoming a new child, FMLA ensures you have the time you need without jeopardizing your job.If your employer has denied your leave or retaliated against you, don’t wait to take action. Contact Georgia Wage Lawyers today for a free consultation. Our experienced FMLA attorneys will guide you every step of the way, ensuring your rights are protected and your voice is heard. Let us help you fight for what you’re entitled to under the law.