Explaining the FMLA and Related Issues

San Diego Employment Lawyers
Explaining the FMLA and Related Issues

Unfortunately, many people tend to get sick, encounter medical challenges of another type or have a family member fall ill from time to time.  This is not only a stressful situation for personal reasons, but it can also create tension when it comes to whatever job this person holds.  There are laws designed to protect people in terms of their work who find themselves in this situation, and one of them is known as the Family and Medical Leave Act, or the FMLA.  If you or someone you love has been treated unfairly at work because of a medical issue, you need to seek the help of San Diego employment lawyers immediately.  In the meantime, below you’ll find a brief overview of this issue.

What the FMLA Governs

The FMLA deals with workers who either encounter a medical problem themselves or who have a family member who encounters a medical problem.  This federal law applies to all businesses that employ more than 50 people, and its basic tenet requires employers to provide those who need to take time off to provide up to 12 weeks of unpaid leave if necessary.  In addition, the FMLA requires that when the worker is ready to return, his or her job must either be restored or they must be provided with an equivalent position.

There are requirements that must be met by the employee in order to be protected by the FMLA.  In addition to the requirement of the employer having more than 50 employees to fall under the FMLA’s jurisdiction, the employee must have been working for the employer for at least 12 months and must have worked for a minimum of 1,250 hours during the previous year.  This hours requirement works out to be about 25 hours per week.

Results of Violating the FMLA

If an employer refuses to either grant an unpaid leave when one is necessary or refuses to restore an employee’s job or provide him or her with an equivalent position when the employee is ready to return, this could constitute a violation of the FMLA.  When violations occur, it could subject the employer to significant civil liability because of the loss of income that the employee will incur if the law is broken.

If you or someone you love has been harmed because of an illness or medical issue and you feel that the FMLA should protect you, take immediate action by seeking the help of San Diego employment lawyers who have been holding employers accountable for wrongful conduct for years.  Contact Mitchell | Gilleon today to schedule a free initial consultation.