Both federal and state laws exist to protect employees who need to take time off of work for specific family or medical reasons. The FMLA offers support for employees who find themselves in unexpected situations or who need parental leave. It can be daunting to take extended leave, even when it is a federally protected right. Many people wonder whether or not their employer can deny their FMLA leave. Fortunately for employees, this is against the law. If your employment rights have been violated it is important that you pursue legal action to defend yourself and your rights. Contact an Atlanta FMLA attorney today to discuss the details of your situation.

What is FMLA?

The FMLA, or Family and Medical Leave Act, is a federal law that allows employees to take unpaid but job-protected leave for various reasons. Employees can take up to 12 weeks off in a 12-month period for one or more of the following reasons.

• The birth of a child and to care for the newborn child within one year of birth
• The placement of a child for adoption or foster care and to care for the newly placed child within one year of placement
• To care for a spouse, child, or parent who has a serious health condition
• A serious health condition that makes the employee unable to perform the essential functions of his or her job
• Any qualifying predicament arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on active duty

Employees may even be able to take twenty-six work weeks of leave during a single 12-month period, only to care for a covered servicemember with a serious injury or illness. This only applies if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin.

Can My Employer Deny My FMLA Leave?

No, your employer cannot deny your federal right to take leave through the FMLA. Employers are prohibited from interfering with, restraining, or denying you the right to exercise this leave. They must allow you to take your leave and restore you to your former position upon your return. Note that your employer is within their rights to adjust your role or place you into a different position when your leave has expired, but it must be similar and be compensated equally or more than your previous position.

Am I Eligible to Take Leave?

The only way you would be unable to take FMLA leave is if you do not qualify for it. To be eligible to take FMLA leave you must meet the following requirements.

• Work for a covered employer
• Have worked for the employer for at least 12 months (does not have to be consecutive)
• Have worked at least 1,250 hours during the previous 12 months
• Work at a location where the employer has 50 or more employees within 75 miles

If you meet the above criteria you are eligible to take FMLA leave and your employer cannot prevent you from doing so. Work with an employment lawyer for individualized help.