Charleston FMLA Lawyer
Family and Medical Leave Act
Under the Family and Medical Leave Act, eligible employees are allowed to take up to 12 weeks of unpaid leave during a 12-month period for specified family and medical reasons. The employee’s job is protected during their leave under this act. Once the employee returns from leave, they can return to their original position or to an equivalent job, as long as it has similar benefits, working conditions, and pay.
The following events are eligible for time off under the FMLA:
- The birth or adoption of a child
- A serious health condition that requires time away from work
- The need to care for an immediate family member with a serious health condition
- Certain issues affecting members of the armed services and their families
If you need to take leave for a non-emergency that you can plan ahead for, then you need to give your employer at least 30 days advance notice. For emergency situations, you must give your employer notice as soon as possible under the circumstances.
Our lawyers at Hoosier Law Firm, PLLC are here to assist if you have more questions about requesting leave under the FMLA.
Can You Collect Unemployment Benefits While On FMLA Leave?
Usually, you are not eligible for unemployment benefits if you are on medical leave under FMLA. You are not able to receive benefits if you are unable to work, thus under FMLA you are unable to in any capacity. If your employer forces you to take medical leave even if you are able and willing to work even in another position, you may be eligible for unemployment benefits.
Call a Charleston FMLA Lawyer at (800) 455-8721
Our Charleston FMLA lawyer has extensive knowledge. We can evaluate your situation and explain how the law applies to you. If your employer has violated The Family and Medical Leave Act, we can fight for your rights and the compensation you deserve for your hard work.