San Antonio Self Medical Leave Lawyer
Federal and state laws require some employers to allow employees the ability to take medical leave to treat a serious health condition. Covered employers may not deny employees the right to take this medical leave. Additionally, covered employers may not discriminated or retaliate against employees for taking such leave. These laws protect against termination, suspension, demotion, or other adverse employment actions.
The main law that provides this coverage is the Family and Medical Leave Act, often referred to as the FMLA. In addition to the FMLA, many states provide employees needing medical leave with additional rights to extend those rights provided by federal law.
What are the requirements to be covered by FMLA?There are three main requirements that must be met to qualify for FMLA. First, an employee must have worked for the employer for a year or more. Second, the employee must have worked at least 1,250 hours in the prior year. Third, the employer must have at least 50 employees who work within 75 miles of your work location.
However, certain government and educational employees are covered regardless of the above requirements. If you are denied FMLA medical leave, contact our San Antonio employment lawyers immediately.
How much FMLA leave can I take?Covered employees have the right to take up to twelve weeks of leave in a 12-month period. This leave, however, does not necessarily have to be paid. For example, many employers will elect to pay employees accrued vacation/sick during this period; however, many employees will elect not to pay accrued vacation/sick time during this period. There are strict requirements that employers must follow when an employee takes leave. If you believe that your employer is violating FMLA regulations, contact our San Antonio employment attorneys immediately.