The Family and Medical Leave Act (FMLA) provides rights to employees who need to take time off from work due to a medical condition or disease they or a family member has, time to settle in with a new baby or adopted child, or to take care of things when a family member has been deployed for military duties. There are a few requirements that must be met to be able to take this leave, but generally if you and the company qualify everything goes smoothly once the paperwork is filed. However, sometimes problems arise, making it difficult for you to be able to care for yourself or a loved one properly. When this is the case, it is best to contact a medical leave attorney to help.
Employer Denying the Leave
It can be tough on an employer to lose a valued employee for an extended amount of time. If the leave is going to put the company in some type of bind, the boss may try to deny the leave. A lawyer will take all the facts into consideration, looking at the company's employee roster, the length of time you have been working for them, and how many hours you have worked in the last year. If everything meets the requirements, your lawyer will meet with your boss to explain that you have the right to take the leave and if it is not granted they could be in trouble. Having an attorney talk to them usually is enough to get things taken care of so no one has to go to court.
Cutting Off Your Insurance
Because the leave is unpaid, your employer may not continue to pay your health insurance premiums. While they have the right to do this, they also are required to talk to you about the situation. There are some alternative ways you can keep your insurance coverage—however, they are going to cost you more money. If you get notice that the policy has been canceled, you need to talk with a lawyer to find out just what you can do to keep it intact so there is no lapse in coverage that may cost you more money.
Changing Your Position Upon Your Return
If your boss tries to give you a different job when you are able to return, and you do not want the new position or it does not pay as well, a lawyer can help again. The FMLA states that you have the right to return to work at the same position and pay.
While it can be difficult to bring a medical leave attorney into the situation because you want to maintain a good relationship with your employer, sometimes it is necessary. While helping with the situation, they will also ensure that you will not be treated badly because of the problem.
Share21 December 2018
Too many single people assume they don't need to plan their estate. My brother fell into this category, and his unexpected passing left our entire family struggling to deal with his home, belongings, and financial accounts. It took nearly three years for the courts to set up a deal because he left no paperwork detailing how he wanted his estate divided. The situation immediately convinced me to work on my own estate, even though I'm still in my early 30's and don't have children or a spouse to worry about. Since it's a little harder to pick beneficiaries and estate managers when you're single, I collected the resources I used for making my own decisions and decided to publish them here on my blog. Use these resources before talking to an estate planning attorney so you're prepared for making hard decisions.