Do I Qualify For FMLA?
Our medical leave attorneys can help
One of the most common questions we hear from clients at our law firm about medical leave and FMLA cases is whether they qualify for medical leave under the Family and Medical Leave Act (FMLA) of 1993.
While this question might seem straightforward, the answer can be quite complicated. That’s why it’s important to talk to an attorney familiar with this area of the law. Otherwise, you might not get accurate information about whether or not you can legally take a medical leave of absence from work.
Our experienced employment law attorneys at Gibson Law, LLC can help you every step of the way. We thoroughly understand the FMLA and other federal and state rules and regulations governing medical leave in Ohio. That’s because our employment lawyers have years of experience handling such complex legal cases.
Who qualifies for FMLA time off?
Under the FMLA, only certain individuals qualify for an unpaid medical leave up to 12 weeks long in a 12-month period. In order to take time off under the FMLA, you must meet the following qualifications:
- A family member must have a serious illness. The FMLA defines a family member as a spouse, parent or child in most cases.
- You must be the parent of a newborn or recently adopted child.
- You must have a serious illness yourself which requires an extended medical leave.
These are just some of the requirements individuals must meet in order to qualify for an extended medical leave. If you do not qualify, your employer has the right to refuse to grant you a medical leave. But many employers mistakenly refuse to grant a leave of absence that is permitted under the FMLA. That’s why it’s important to talk with an attorney to find out if you qualify and what to do next.
Are there other requirements for medical leave under the FMLA?
Even if you qualify for an extended medical leave, there are certain circumstances that could result in your request being denied under the FMLA. Some of the technical reasons why include:
- You need to have worked for your company for at least 12 months before you can take an extended, unpaid medical leave.
- During the previous 12 months you worked for your company, you need to have worked at least 1,250 hours for your company during that time period.
- Your company must have at least 50 employees who live no more than 75 miles from your place of employment.
The rules and requirements for the FMLA can be confusing. Make sure you fully understand your rights. Talk to a lawyer familiar with this area of employment law.
Can my employer deny my FMLA request?
If you qualify for the FMLA and your employer meets all the requirements under this federal law, your company should not deny your FMLA request. Unfortunately, some companies don’t abide by these rules or punish employees who exercise their right to take an unpaid medical leave to care for a family member or newborn child.
Don’t simply take your employer’s word on whether or not you can take an unpaid medical leave. Talk to a lawyer who can review the details of your case and advise on whether you qualify under the FMLA. If you do, your employment attorney can also take legal action against your company if you have been denied medical leave or punished for taking a leave.
Learn more about your rights. Contact our law firm
It’s hard enough dealing with a serious illness involving a family member or caring for a newborn child. You shouldn’t have to deal with an uncooperative employer who refuses to grant you an unpaid medical leave if you qualify under the FMLA.
Learn more about your rights and whether you qualify for an extended medical leave. Contact our law firm for a consultation with a member of our legal team at one of our two Ohio offices in Cincinnati or Dayton.