Think you know your rights to leave? Think again. Many Americans take advantage of protections under the Family and Medical Leave Act (FMLA) each year, but many more have serious misconceptions about what the law is and how it works. When you are facing a serious medical condition and require time off of work to tend to your personal and family needs, contact an experienced employment attorney from Five Points Law Group. We can help you make sense of your situation and protect your rights if your employer is trying to violate them.
All Employees Have a Right to Leave
False. Not all employees or employers qualify. As a basic proposition, only certain people will qualify for FMLA leave. To be bound by FMLA, employees must have:
As you can tell, many employers are not covered by the law.
I Can Use My Sick Leave After I Finish Leave
False. Actually, an employer may make use all of your paid leave, such as vacation and sick time, before you can invoke your right to FMLA OR require you to use such paid leave concurrently with your FMLA leave. The employer can require you to use up all the paid leave.
I am Entitled to 12 Weeks Leave Per Year
False. This is not how it works either. It is 12 weeks in a 12-month period. So, if you took leave from September 1, 2017 through December 1, 2017, you would likely be ineligible to take leave again until after December 1, 2018. It is not based on calendar year; it is based on a 12-month period.
FMLA is Paid if I Have Accrued Enough Paid Time Off
False. The two have nothing to do with each other. Your accrued paid time off, whether sick leave, personal leave, or vacation time, is something you have earned through your employer. FMLA is unpaid leave that acts as a safety net to protect your job. Your employer will likely require you to use up all your paid time first. If you no longer require time off, then there is no reason to take FMLA.
I Do Not Have to Give My Employer Anything Except a Doctor’s Note
False. In most cases, you must have a legitimate reason, and your employer has a right to verify it. Here are the basic reasons you may qualify for FMLA:
Service Members and Their Families Have Extended Rights
True! Actually, this one is correct. Employees who otherwise qualify can get up to 26 weeks of leave in a single 12-month period to care for a covered family member (parent, son, daughter, next of kin, spouse) who is seriously injured or sick and is a military service member. This is known as military caregiver leave.
Talk to a Birmingham Employment Rights Attorney
When you are facing the loss of income or employment, you may have a lot of questions and be worried about how you will pay the bills. Do not continue to worry alone in silence. Call an experienced team of compassionate attorneys who can give you straight answers. You may even be entitled to financial relief in the form of compensation if you have been wrongfully terminated. Call Five Points Law Group today to learn more.