About The FMLA And When To See A Lawyer

Posted on: 3 May 2021

If you or a loved one end up dealing with a serious injury or health condition that puts you in the position of needing to take time off of work, then you may end up being really worried that you will end up losing your job. Learning about the Family and Medical Leave Act (FMLA) may help to set your mind at ease. The FMLA can help ensure that you are able to take unpaid leave from your work knowing that your position is protected. There are different situations that would be covered under the FMLA. For example, it won't only cover you in case you need to take time off for your own injury or illness, but it will also cover you with job protection if you need to take care of a family member when they need to be cared for due to a serious condition. You can learn more about the FMLA here, as well as learn when you may want to get in contact with an FMLA lawyer for help. 

You must work for a covered employer to be protected by the FMLA

Not every employee will be covered under the FMLA. In order for you to have this protection, you will need to be working for an employer who is covered. There are certain criteria that will dictate whether the FMLA will be available to you. For example, a private employer with a company that has 50 or more employees will be covered. Then, there are certain types of businesses or organizations that will be covered, such as schools and federal employers. 

You must meet certain criteria

You want to understand that even if you do work for an employer that is covered, it still doesn't mean that you are covered under the FMLA. You will also need to meet certain criteria yourself. There are very specific criteria with regards to how long you have worked for your employer and even how many hours you have physically worked for them within a specific time frame. You will also have had to work at a physical location where the employer meets the necessary requirement. 

You should contact an FMLA lawyer with questions or concerns

Since it can be difficult in some cases to determine if you and/or your employer are covered, it is a good idea for you to speak with a lawyer who will be able to let you know whether you are covered. Also, in some cases, you may get some push back from your employer regarding whether you are covered under the FMLA. In some cases, the employer may be acting in a way that is not right and trying to go against what is required of them. However, there are also other cases where an employer may not understand the requirements of the FMLA themselves, so they may not be acting in accordance with it. When you have any concerns, getting counsel from an FMLA lawyer will be the best thing for you to do.