As you know, life is constantly changing, and we never know what’s around the corner. For this very reason, the U.S. government has enacted the Family Medical Leave Act, or FMLA, which essentially grants individuals 12 weeks-worth of protection should they have to temporarily leave their job either to recover from a condition covered under the law, or to care for a loved one who has a covered condition.
Unfortunately, many employees throughout the United States find that though they were specifically covered under the law, upon their return, their employer does not allow them to return to their position, or even a substantially similar position. Under most circumstances, this is in direct violation of your employee rights, which is why if you find this has happened to you, you must continue reading and reach out to our experienced Georgia employment rights attorney to learn more about how our firm can help you through the process ahead. Here are some of the questions you may have:
How do I know if I qualify for FMLA?
As long as you have a qualifying medical condition, a family member has a qualifying medical condition, or you are looking to care for a newborn or adopted child for 12 weeks, you should be protected under the FMLA. That being said, to qualify, you must also have more than 1,250 hours working for the employer over the previous 12 months, and your employer must have at least 50 employees within a 75-mile radius of the location where you work.
Will my employer have to pay me during FMLA leave?
Unfortunately, your employer is not required, by law, to pay you during FMLA leave. However, oftentimes employers will continue paying you either your normal wage or a reduced wage. That being said, they are only legally bound to ensure that you may return to your position or a substantially similar one after your 12 weeks are up.
For any additional questions concerning FMLA in Georgia, please do not hesitate to give our experienced Atlanta employment rights attorney a call today. Our firm is here to help you through every step of the way.
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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.