Birmingham FMLA – Family Medical Leave Act Attorneys
Are you worried about losing your job because you need to take some time off to deal with serious family or medical issues? If so, there are some things you should know. While Alabama doesn’t have a state law that required employers to give their employees time off for things like the adoption or birth of a child or to take care of a loved one struggling with a serious illness, federal laws are still in place. That means that certain leaves might be protected under law. That doesn’t mean that you have to be paid for them, however, and you might very well be facing an unpaid leave of absence.
If you are facing a leave of absence from your job and are worried about losing your position, it is a good idea to contact an Alabama FMLA attorney who can help you best understand the employment laws in place and what they mean for you. This is true even if you have already lost your job due to taking a leave of absence that you believe should be protected. Gaines LLC can help you sort through your rights and determine whether or not any of them have been violated. If they have, then we can also help determine how to approach the situation from a legal standpoint.
What is FMLA?
The state of Alabama does not have state laws that protect employees should they need to take a leave of absence. The Family and Medical Leave Act (FMLA), however, is a federal law that is still in place regardless of what state laws are (or are not) on the books. According to the FMLA, employers in Alabama with at least 50 employees might be subjected to certain leave obligations that are specified in the act.
How much time can I take under FMLA?
State employees receive four hours of leave every biweekly period that they work. This sick leave may be taken if they are ill, if they are bodily injured while not on the job, if they are injured while on the job but under a circumstance where special leave is not provided to them, for a death in the family, or to help care for an immediate family member should they be sick. An immediate family member is defined as the employee’s child, spouse, grandchild, grandparent, parent, sibling, daughter-in-law, parent-in-law, or son-in-law. Other individuals with whom the employee has a demonstrable, strong personal connection might also be covered.
Additionally, sick leave could be advanced to permanent employees. In order for this to happen, they must have exhausted all of their annual and sick leave, the absence in question must be for five days or longer, every application for such an advance must be certified as necessary by a registered physician currently practicing, and the total number of advanced time for any single request cannot exceed more than 24 days.
Finally, sick leave that has accrued can also be used for maternity leave providing that the employee in question works until she is no longer able because of the pregnancy. The employee must also return to work as soon as she is able.
Who is eligible?
Not everyone who works is eligible for FMLA leave. The employee must have worked for the company in question for at least one year, they must have worked 1,250 hours or more during the previous year they were employed, and they must work at a job that has at least 50 employees working within 75-miles.
Reinstatement and Leave Rights
Employees are allowed to continue using their health insurance during their leave, as long as they continue to pay the same rate they paid while working. When their leave ends, employees are usually entitled to return to the same job position they were working before leave or an equivalent job position.
We Fight for Your Rights
Contact a FMLA Law Attorney
If you have been fired after using an FMLA leave or are being prevented from taking leave to which you believe you are entitled, it is time to ask for help! Gaines LLC is happy to use our experience to determine if you have a case and, if so, how best to approach resolving it. Contact us today for more information!