Here is What You Need to Know About the Family Medical Leave Act

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Here is What You Need to Know About the Family Medical Leave Act

There are few things more important when it comes to employment than security. Security is critical, as it enables us to go on living our lives knowing that we are safe and entitled to a stable living, without having to worry about losing our jobs at the drop of a hat. Life can change quickly, and under the Family Medical Leave Act, or FMLA, employers are legally obligated to respect these changes and afford certain employees the right to time off for emergencies. FMLA essentially gives employees the right to have 12 weeks of time off should they have to care for someone who develops a certain condition covered under the law, or should they develop such a condition themselves. Unfortunately, many employees who are technically covered under FMLA are denied access to the rights FMLA provides, and in many cases, they will be denied the right to return to their job, or a substantially similar job after taking leave. If this has happened to you, read on and reach out to our experienced Georgia employment rights attorney to learn more about we can fight for your rights. Here are some of the questions you may have:

Will I qualify for FMLA?

If you are someone with a qualifying medical condition, a family member has a qualifying medical condition, or you recently had a child/adopted a child and are looking to care for that child for 12 weeks, FMLA should cover you. However, you will also have to work more than 1,250 hours at your position in a period of 12 months. Your employer will also have to have at least 50 employees within a 75-mile radius of your job’s geographical location.

Can I get paid during FMLA leave?

In many cases, your employer may choose to pay you during FMLA leave, however, your employer is not required to pay you during this time by law; he or she is only required to allow you to return to your position after 12 weeks of time off. If you believe your employer is wrongly denying you of your right to FMLA leave, feel free to reach out to our employment law attorney today. Our firm is here to help you through every step of the legal process going forward.


If you need help with an employment law matter in the state of Georgia, you can count on Ben Barrett Law to effectively represent your interests. With over 30 years of experience, Attorney Barrett has the skill and experience necessary to help you navigate the complexities of any employment law matter you may be facing. To discuss your case with a legal team you can trust, please do not hesitate to contact Ben Barrett Law today.

Our Philosophy

Our firm hand-selects challenging, complex cases that other attorneys won’t touch so we can deliver the highly-personalized attention your case deserves. From consultation to trial, we advocate for employees’ rights, every step of the way.

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We base our practice on the principles of service and care. We take the time to truly know each and every client, and we put all of our energy into obtaining the best outcome possible, time and time again.

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We will prosecute your case to the fullest extent possible. If you’ve been wronged by an employer in Georgia, you can count on Ben Barrett Law to fight for you.

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