The family medical leave act provides a select group of employees with an entitlement of 12 weeks’ worth of unpaid, job-protected leave per annum. It would be mandatory for these employees to maintain their group health benefits during this period.
The family medical leave act was put in place in order to encourage work-life balance in different work environments. Employees are given an opportunity to take unpaid family leave for specific medical or family reasons. The act also aims to fulfill the real interests of companies in promoting equal employment opportunities for both men and women.
Employees who intend to apply for family leave are required to submit official documentation such as birth certificates, adoption letters, doctor’s letters, and others depending on the type of family or medical reasons provided.
In a usual scenario, employees would not need to seek legal advice regarding the family medical leave act. However, an attorney would be able to help in a situation whereby an employee is deprived of the family leave that he/she has initially been entitled to. The same applies to employers who can simply follow the clauses stated in an employment contract. Nevertheless, an attorney can assist an employee applying for family leave to ensure there are no complications or any unwarranted denials.
Under the FMLA, eligible employees are entitled to 12 weeks of unpaid leave per year with a mandatory maintenance of group health benefits for family or medical reasons. It also applies to family members of select military employees who are entitled to 26 weeks of leave within a continuous 12-month period to care for a sick or injured service personnel who is covered.
The FMLA applies to local and state agencies, federal employers, and education institutions within the public sector. For private firms, the act applies to employers with 50 or more headcount who have been serving a minimum of 20 workweeks within the current or subsequent calendar year.
Those employees who wish to apply for leave under the FMLA need to fulfill below criteria:
No, other leaves or time-offs taken from work do not count towards the 1,250 hours.
The FMLA only includes unpaid leave, but it is under the discretion of employers should they require employees to first utilize their other forms of paid leaves before applying for leaves under the FMLA.
In representing both small businesses and employees, our philosophy is to provide employers with the necessary information and training to ensure a safe and productive workplace. In regard to employees whether dealing with discrimination, sexual harassment, hostile workplace, medical leave or other workplace issues we can provide guidance and peace of mind.
Carcich O’Shea, LLC is dedicated to bringing justice to your
situation. We listen to your situation and provide the best possible way to get a settlement from your
claims. You’re hiring top-notch attorneys by working with us! Mr. Carcich was recently selected for
Super Lawyers, whereas Ms. O’Shea has been named in (201) Magazine’s “Bergen’s Best Attorneys”. We will
manage your case from beginning to end.
If you have more questions about our legal expertise in employment litigation, feel free to contact
us today. Alternatively, you may call us at 201-988-1308 or send an email to
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Sheila represented me in two relatively complicated employment litigation matters, both of which resulted in favorable outcomes for me. Sheila impressed me as knowledgeable, accessible, diligent, and exceedingly professional. Her excellent “bedside manner” helped to minimize stress that I know is somewhat inevitable in litigation. I highly recommend Sheila to prospective clients wholeheartedly and without reservation.
I retained the services of Sheila O’Shea-Criscione to represent me against harassment and discrimination in my place of work. She came highly recommended and did not disappoint. Sheila directed me to the right course of action, clearly explaining each step and expected outcome. She was consistently available via phone, email, or text for emotional and professional support. Sheila is an excellent attorney and a warm, kind person. In the midst of a difficult situation, she paved the way to a successful outcome. I am a stronger and more confident person thanks to Sheila!
Sincerely,
Marie Coschigano
After numerous harassment and bullying encounter with my superiors, I was desperate for guidance and help as to what my legal rights were to try and put a stop to this behavior.
I turned to a number of attorneys. After talking on the phone, all declined to take my case. Sheila was the only one who took my call and then invited me to her office to explain my situation, from that first meeting until she resolved the case, she guided and supported me. She was never tired of my phone calls and text messages. There were times when I was on the verge of resigning, but she encouraged me and told me to hang in there and be patient. She was convinced of a positive outcome if we stuck with her “game plan” even when I became skeptical and began to doubt the direction we were going.
If you should ever need legal assistance, I highly recommend Sheila – a great lawyer and a wonderful person.