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The Family and Medical Leave Act: A denial could happen

| Dec 10, 2019 | Employee Rights |

There may come a point in your life when you need to take time away from work to manage your health or assist a family member who is dealing with a serious medical concern.

If you’re eligible for leave under the Family and Medical Leave Act (FMLA), it’s a good idea to learn more about your legal rights as soon as possible.

The first thing you should do is consult with your employer regarding your eligibility. You’re eligible if:

  • You’re employed by a covered employer
  • You worked for the company for at least 12 months before requesting the leave
  • You work at a location where there are a minimum of 50 employees

If you find that you’re eligible under the above requirements, you should then determine if your medical circumstances qualify you to take leave. Here are some of the most common reasons for requesting FMLA:

  • The recent birth of a child
  • The recent adoption of a child
  • To manage a personal health concern
  • To take care of a parent, child or spouse with a serious medical concern

When discussing FMLA leave with your employer, you hope that they’re sympathetic to your situation and willing to do their part to help you out. However, this doesn’t always hold true, as they may soon realize that you leaving the company for an extended period of time will adversely affect them.

If you’re denied FMLA leave when you’re eligible, or worse yet, terminated for taking leave, learn more about your situation and legal rights. You have a lot going on in your life, but you may be able to take legal action against your employer or former employer and possibly be awarded compensation.

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