When health issues arise or if there’s a need to care for a loved one, employees are often left worrying about balancing their job responsibilities with medical needs. That’s where the FMLA (Family and Medical Leave Act) can provide crucial protection. Under this Act, the eligible employees get unpaid, job-protected leave for specific situations without the fear of losing their job position. However, many employees are unsure about the conditions under which the FMLA leave is applicable. In this blog post, we will try to understand the common medical reasons for such leaves with the help of an employment attorney. So, keep reading!
Exploring the Common Reasons for an FMLA Leave
Listed below are some of the most commonly seen reasons why an employee may take an FMLA leave:
For Conditions Requiring Hospitalization:
An employee can apply for FMLA leave in case of any serious personal health conditions. Usually, conditions that demand at least an overnight stay at a hospital or any other medical care facility are eligible for FMLA leave.
Incapacitating Illness or Injury
If you are unable to work or perform regular daily activities, this condition is called an incapacitating illness or injury. According to an employment attorney, if a medical condition incapacitates you for more than three days at a stretch, it qualifies for FMLA leave.
Some common examples of such conditions are:
- Broken bones
- Kidney diseases
- Pneumonia
- Stroke
- Cancer
- Surgery
- COVID-19
Pregnancy:
If an employee is temporarily incapacitated due to her pregnancy, she will also be eligible for FMLA leave. There are many conditions in which this stands true, such as:
- Chronic morning sickness
- Ordered bed rest by the physician
- Incapacitating gestational diabetes
If an employee wants to know her rights under the FMLA when she is pregnant, it is best if she gets in touch with an experienced employment attorney.
Maternity and Paternity Leaves:
Another qualifying reason for FMLA leave is welcoming a baby into your family. Both the biological parents of the newborn are eligible to seek leave under the FMLA, not just for the birth of the child but also for providing care to the baby in the initial days. In fact, individuals who choose to become parents through foster care or adoption can also take FMLA leave to take care of the child.
Medical Issues in the Family:
As many might assume, FMLA isn’t just for the employee's own health conditions. If you ask a skilled employment lawyer, they will tell you that FMLA leave is applicable when a family member is suffering from a medical condition, too. So, if you need a leave to care for your spouse, children, or parents suffering from a medical condition, it will be considered a valid reason as per the FMLA.
Do Employers Violate the FMLA?
Yes. Many employers violate the law by denying an FMLA leave to an eligible employee for qualifying reasons. The worst part is that this happens more often than you might think. Many workers are also terminated from their roles even when they were on a job-protected FMLA leave. If a job dismissal doesn’t happen, there are still chances that the employer may discriminate, harass, or retaliate against an employee who is using their eligible FMLA leave.
As an employee, it is essential for you to understand that these violations are illegal. If you believe that you have also been subjected to such a violation, it is best if you get in touch with a good employment attorney who will fight for your rights. They will not just hold your employer accountable for all the losses you incurred, but also try to get you reinstated in your previous position (or an equivalent position) after you are back from the leave.
How to Choose the Right Employment Lawyer for Your FMLA Violation Case
Now that you understand the important role of a lawyer in FMLA violation cases, it is also important that you know how to choose the best one for yourself. Let’s guide you through what you need to do:
- Look for an employment lawyer who specifically has experience in handling FMLA violation cases. Their knowledge and skills will enable them to understand your situation better and build a strong case on your behalf.
- Many lawyers provide a free or low-cost consultation to individuals. Use this initial conversation with the lawyer as a chance to discuss your case and ask plenty of questions so that you get to know them and their approach better.
- Choose a lawyer who communicates clearly and promises to keep you informed every step of the way. In employment law cases, it is important that you have a legal expert who is approachable and transparent. This reduces your stress to a great extent.
- Check the reputation of the lawyer online by reading reviews and assessing their case results.
- Before finalizing your choice, it is also important to understand the fee structure of the lawyer, whether it is hour-based, result-based, or case-based. Remember, a trustworthy attorney is always transparent about the costs and will not have any hidden charges.
Conclusion
Understanding your rights under the Family and Medical Leave Act is essential so that you don’t have to worry about losing your job while taking care of your own or a family member’s health. With the help of the right employment attorney, you can seek justice if you think that your rights have been violated by your employer. The key is to choose the right attorney for your case by considering a range of factors like experience, reputation, communication, and cost.
Looking for the best employment lawyer in Dallas? Get in touch with Mijares Law Group today!
