FMLA Eligibility In Kentucky
The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. This law is crucial because it helps employees balance their work and family responsibilities without the fear of losing their jobs. In Kentucky and Ohio, as in other states, the FMLA ensures that employees can take time off to care for themselves or their loved ones during critical times. Still, employers may try to tell workers otherwise.
At Gatlin Voelker, PLLC, in Covington, our employment law attorneys understand that navigating FMLA cases can be challenging. Our labor lawyers handle various aspects of workplace regulations, ranging from preventing FMLA violations in the first place to defending claims in court.
Common Examples Of FMLA Violations
The Family and Medical Leave Act offers powerful protection to workers, including when the following occurs:
- Denying leave: An employer refuses to grant FMLA leave to an eligible employee who needs time off to care for a newborn child.
- Retaliation: An employer demotes an employee who takes FMLA leave to recover from surgery.
- Failure to restore position: After taking FMLA leave to care for a sick family member, an employee returns to find the employer filled the position and offered the returning worker a new, lower paying job.
- Misclassification: An employer incorrectly classifies an employee as ineligible for FMLA leave despite meeting all the requirements.
These and other actions are illegal in Kentucky and Ohio and violate workers’ rights under the law.
How An Employment Law Attorney Can Protect Employees’ Rights
An employment law attorney plays a crucial role in protecting the rights of employees under the FMLA. They can provide knowledgeable legal guidance to employees who believe their employer violated the workers’ FMLA rights, explaining the complexities of the law and employees’ rights and options. An attorney can also assist in filing a complaint with the U.S. Department of Labor or pursuing legal action against the employer. This ensures that the employee’s grievances are formally addressed and they receive the justice they deserve. Finally, a lawyer can negotiate with the employer on behalf of the employee to reach a fair settlement, which may include compensation for lost wages, reinstatement or other remedies.
Common Questions We Hear During Initial Consultation
We understand that each FMLA dispute involves unique circumstances. Still, these are some general examples of questions we often hear and answers we would give:
Is my employer required to grant my FMLA?
Yes, if you are eligible and work for a covered employer, they must grant FMLA leave for qualifying reasons. Covered employers include those with 50 or more employees within 75 miles, public agencies and schools.
Does taking FMLA affect future employment?
No, taking FMLA leave should not affect your future employment. The FMLA requires reinstatement to the same or an equivalent position with the same pay, benefits and terms upon returning from leave.
How do I qualify for FMLA?
To qualify for FMLA, you must work for a covered employer, have been employed there for at least 12 months and have completed at least 1,250 hours of work over the past 12 months. As said above, your employer must also have 50 or more employees within 75 miles of your worksite.
Tell Us About Your FMLA Case
Call +1-859-535-0155 or contact us online to schedule an appointment with Gatlin Voelker, PLLC’s employment law attorneys. We serve workers in Covington and throughout Northern Kentucky.