FMLA Scranton is a part of the federal initiative of the Family and Medical Leave Act (FMLA) to offer eligible employees job-protected, unpaid leave. Consequently, FMLA endeavors to protect the life and work balance of employees during difficult health and family circumstances.
Moreover, if you’re FMLA eligible but your employer denies your rightful benefits, contact an FMLA Philadelphia lawyer.
How Does FMLA Work?
First of all, the Family and Medical Leave Act offers unpaid, job-protected leave to eligible employees due to specific family or medical reasons. However, family members must be immediate family, and reasons must be FMLA-approved. FMLA leave lasts up to 12 weeks. Meanwhile, an employee must work for an FMLA-eligible company to be eligible for FMLA coverage.
Employer And Employee Requirements
In addition, FMLA compels certain requirements onto employers and employees before an employee becomes eligible for FMLA coverage. For example, FMLA obligates any Scranton employers with 50+ employees for 20+ weeks in the previous or current year to offer employees FMLA leave.
If your employer denies your rightful benefits under FMLA, contact us because we can offer you legal options to fight for your FMLA leave.
FMLA Employer Requirements
First, your employer must satisfy one or both of the two qualifications listed below. Consequently, if the qualifications are met, FMLA obligates your employer to offer FMLA benefits to employees. This means that FMLA eligible employees receive a total of 12 workweeks of unpaid, job-protected leave.
- 50+ employees for 20+ consecutive weeks
- public agencies (state, federal, local, and schools)
FMLA Employee Requirements
Finally, the FMLA employee eligibility standards demand that an employee has clocked at least a year or 1,250 hours of full-time work for an FMLA eligible employer. After satisfying this requirement, FMLA eligible employees must supply an FMLA-approved reason for requesting unpaid leave. Moreover, FMLA permits the employer to request documentation from a health professional.
You may qualify for FMLA if you or an immediate family member is dealing with one of the following situations.
- adoption or fostering a child
- qualifying exigency leave is for when an immediate family member is called into active duty
- prenatal care and morning sickness
- bed rest
- maternity leave after birth
- a serious health condition
- admitted overnight into the hospital
- unable to work due to 3+ days of severe illness and ongoing treatment
- chronic conditions that require treatment
What Is A Serious Health Condition?
According to FMLA, a serious health condition is any condition, injury, illness, or impairment that requires hospitalization.
Of course, FMLA doesn’t cover every medical situation. However, the Department of Labor created a specific list to guide employers with FMLA medical requirements in mind. Offering such a list ensures that employers are better equipped to comply to the law and serve employees their benefits.
Parameters For Serious Health Conditions
- hospital, hospice, or medical care facility inpatient care
- incapacity based on a long-term health condition such as dementia or terminal diseases
- three calendar days absent from work, school, or daily activities with medical care due to severe illness or injury prenatal care or pregnancy incapacity
- absences for necessary medical treatments
- treatment or incapacity due to a serious health condition (e.g. asthma, cancer, diabetes…)
Examples Of Serious Health Conditions
- heart attacks
- severe nervous disorders
- severe respiratory conditions
- spinal injuries ongoing pregnancy
- prenatal care
- childbirth recovery
If you are being denied your FMLA benefits for a serious health condition, call us. because we will fight for your rights under the law.
My Request For FMLA Scranton Leave Was Denied.
Since you are an FMLA eligible employee, meeting all the requirements, it is illegal for your FMLA benefits to be denied. Although present for over twenty years, FMLA continues to not be used as it should be by employers and employees. Most noteworthy, some employers fail to share the right information with employees on FMLA rights available to each employee. As a result, employers may unknowingly be violating FMLA.
If your FMLA benefits have been denied, contact a lawyer because he or she will know what legal steps to take in pursuit of your rights.
Kraemer, Manes & Associates LLC “KM&A” is a law firm serving all of Pennsylvania with our principal offices in Pittsburgh and Philadelphia. Call KM&A in western Pennsylvania at 412-626-5626 or in eastern Pennsylvania at 215-618-9185. KM&A can be reached by email at email@example.com.