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FMLA Archives

How does the FMLA define a parent-child relationship?

Families come in all sorts of configurations. Of course, there is the so-called traditional family household, which consists of a mother, a father and children. But in today's society, there are actually a wide variety of ways in which people form family units. There are households that are headed by same-sex couples. There are also households that are amalgamations of previous marriages. And still other families include adopted children, foster children and stepchildren.

An attorney can help protect your employment rights

As an employee, you have rights. It is often accepted that employers will try to make their employees think that they cannot take action, but you always have a say in the matter. For that reason, you should pay very close attention to their employer's actions, especially after the you have taken leave.

Is medical certification required before I take leave?

Requesting family and medical leave from work should be a simple process. Employees shouldn't have to be concerned about being denied or not being able to return to their jobs. Unfortunately, they sometimes are, thanks to the hassle they experienced when putting in their request. In some situations, you may not be required to verify the reason you are taking leave, but it is possible that you will be asked. Should this happen, you employer will inform you what documentation you will need as proof.

Notification requirements for employees who wish to take leave

There are a number of things that can cause a person to take time away from their job. People fall ill, have family emergencies or may just need to take some personal time away. Whatever the reason may be for someone to take time off from their job, it is likely that there are steps they must follow if they want to keep their job and return to work once their leave is over. For those looking to take FMLA leave, there is a process and rules that must be adhered to if you want to take leave.

What can a person do if they are denied FMLA?

Depending on where a person is employed and whether or not they meet the requirements to take FMLA, they may or may not be allowed to request leave. If a person does qualify, their employer has to let them take this leave and return to their job duties once their leave has ended. Even though this is how the process of requesting and taking leave should work, sometimes employers do not cooperate with employees and do not allow them to take leave or terminate them once they try to return to work.

Don't allow your employer to terminate you for taking leave

You never really know when an illness will occur, but when it does, you should be able to take off work without having to worry about being fired for doing so. Many people have employers who are understanding when a personal or family illness occurs, but others are not so lucky and have employers who get angry when they have to miss work for any reason. It is understandable that employers like to have their employees present so they can do the job they were hired for, but since they are ill or need to take care of a loved one, employers should be considerate of this instead of retaliating against them.

What are valid reasons for an employee to request leave?

No matter what employer people choose to work for, they have rights. Not only do employers need to respect their employees and not discriminate against them in any way, in some cases they also need to grant them FMLA leave when they request it. This is something that employers should take seriously, as an employee can file a claim if they are not granted leave, but also because their reason for requesting the leave might actually be valid.

Woman sues former employer for violating FMLA

There may come a point in a person's life when they need to take time away from work due to a medical condition or a family member falling ill. Thanks to the Family and Medical Leave Act, it is possible for people to take this time away from work, and once they have healed, return to their duties without consequence. The process should be that simple, but sometimes employees experience discrimination or employer retaliation as a result of them taking this much needed time away.

Why can't certain employees be denied medical leave?

There is never really any way of knowing when illness will strike. When people do find themselves ill, they may have to take time away from work to recover. They may also need to take leave if there's a family member that they take care of who is suffering from a serious medical condition. Even though an employer may not like the fact that their employee needs to take time off due to a health issue, certain employees cannot be denied FMLA when it is requested.

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