Taking Time Off Work to Care for Yourself and Your Family.
The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid job-protected time away from work to attend to their own serious health condition, to care for a family member with a serious health condition or for the arrival a newborn or adopted child. Up to 12 weeks of leave may be available for those employees who qualify. The FMLA covers private employers who employ at least 50 employees for at least 20 work weeks out of the year.
To be eligible for FMLA leave, an employee must work for the employer for at least 12 months with at least 1,250 hours of service during the 12 months immediately preceding the leave.
Sometimes, FMLA leave can be taken on an intermittent basis - even for just minutes or hours at a time to attend appointments or therapy for medical treatment. There are comprehensive FMLA regulations and requirements that both employers and employees must follow.
It is illegal for an employer to:
- Deny FMLA benefits to an employee who qualifies for it.
- Punish or retaliate against an employee for taking or requesting FMLA leave.
- Interfere, restrain or prevent an employee from exercising or attempting to exercise their FMLA rights.
- Discharge or discriminate against an employee for opposing an unlawful employer FMLA practice.
- Discharge or discriminate against an employee for participating in a proceeding related to the FMLA.
- Neglect or refuse to offer FMLA benefits.
If you suspect that you have been subjected to unlawful treatment by your employer with regard to the FMLA, contact Rich Daugherty. He is experienced in representing clients with regard to their rights under the FMLA.
You can arrange for an initial phone conference with Rich at no charge. He represents clients throughout North Carolina and is available to meet with prospective clients outside of Chapel Hill when circumstances permit. Evening appointments are also available.