What is the FMLA?

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What is the FMLA?

There are few things more important than having time to care for themselves or their loved ones when they need it most. Of course, if you work, it can sometimes be difficult to take off for an extended period of time to care for yourself or a loved one. For this reason, the federal Family Medical Leave Act, also known as FMLA, is in place to help certain qualifying workers take off the time they need to give care to themselves or their relatives. Please continue reading to learn more about the Family Medical Leave Act, whether you’ll qualify, and how our seasoned Atlanta FMLA attorney can help if you’ve been wrongfully denied access to benefits under the Act. Here are some of the questions you may have:

Do I qualify under the FMLA?

To qualify under the Family Medical Leave Act, you’ll have to meet several criteria. To start, you must be an employee working for a company with at least 50 employees who live within 75 miles of the location where the employee works. Additionally, to qualify, you must have worked for your company for more than 1,250 hours in the previous 12 months.

As long as you qualify under the Family Medical Leave Act, you should be allowed to take up to 12 weeks off from work to care for your own medical condition, a relative’s medical condition, or to care for a newborn/newly adopted child. Under the Family Medical Leave Act, you are guaranteed 12 weeks off from work with the promise of returning to the same position or a substantially similar position. You should note, however, that though your employer may choose to pay you during those 12 weeks, your employer is not required to.

What can I do if I was wrongfully denied rights under the FMLA?

If you took FMLA leave and you returned to find your position terminated or you were demoted, you should strongly consider retaining the services of a seasoned Atlanta employment rights attorney who can help you file a claim against your employer. The same is true if you believe you were wrongfully denied access to FMLA benefits from the start.

If you have any additional questions about the Family Medical Leave Act or you’re looking to pursue a claim against your employer, our firm is here to help. Pick up the phone and give us a call or contact us online for assistance.


To discuss your employment law case with a legal team you can trust, please do not hesitate to contact Ben Barrett Law today.

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