Understanding Your Rights During a Medical Leave or FMLA Request

If you or a loved one is facing a serious health issue, you will want time to sort your life. Examples of these are managing your medical needs, other healthcare requirements, or even settle your caregiving responsibilities. In Alabama, the Family and Medical Leave Act (FMLA) helps eligible employees have these important protections. Don’t worry because you won’t be alone in understanding these applications, such as how or when the law applies to you, because they can be confusing if you are unfamiliar with them.

At Spellen Law, we help employees across Alabama navigate workplace leave issues and protect their rights. Here are things you should know if you are planning to take a medical leave or in the case that your FMLA request was denied.

What Is FMLA?

The Family and Medical Leave Act is a federal law that allows eligible employees to take an absence from work, which is without pay, job-protected leave for certain family or medical reasons. Under FMLA, you can take up to 12 weeks of leave in a 12-month period for the following reasons:

• A critical sickness or health condition that poses issues to your ability to work

• To care for a spouse, child, or parent with a serious health condition

• For the birth or adoption of a child

• For certain situations related to a family member’s military service

During your absence from work, you are still entitled to the health insurance offered by the company. Your employer will have to resume the group insurance with the same terms as if you were working. And upon your return, you are once again entitled to be restored to your previous job or an equivalent one.

Who Is Eligible for FMLA in Alabama?

You may not be qualified for FMLA, even if you are employed. So keep these in mind to be eligible:

• Work for a covered employer (private employers with 50 or more employees, public agencies, and schools)

• Have worked for your employer for at least 12 months

• Have worked at least 1,250 hours during the 12 months before your leave

• Work at a location where your employer has 50 or more employees within 75 miles.

  
  

Your Rights During Medical Leave

When you qualify for FMLA, your employer cannot interfere with your right to take leave or prevent you from taking it when you request it. This includes:

• Denying you leave if you meet the requirements

• Firing, demoting, or disciplining you for taking FMLA leave

• Refusing to reinstate you after your leave ends

What If Your FMLA Request Is Denied?

In some instances, your employer may have incorrectly or inaccurately denied your request for FMLA leave. You might have been told you are not eligible despite being eligible, or you may face the pressure not to take it at all. In other cases, your employer had approved of your leave but did not reinstate you for work after the end of your leave.

You must seek legal advice immediately when your FMLA rights have been violated. Time is of the essence, and you should not let too much time pass. Make sure to keep a copy of all forms of documentation, whether it be records of your request, any forms, or means of communication between you and your employer, and the medical certificate if applicable.

How We Can Help

At Spellen Law, we represent employees throughout Alabama in FMLA and medical leave disputes. We are here to help you understand your options better, or the actions you can take when facing confusion on eligibility or encountering a denial or retaliation.

We will help you to understand by taking the time to explain your rights in simple terms and working with you to protect your job and well-being. And if it comes to a point or if necessary, we will negotiate with your employer or help you to file a formal legal claim.

Speak With an Employment Law Attorney in Alabama

You don’t have to face medical leave issues alone. Whether you’re planning or responding to an FMLA violation, legal support can make a meaningful difference.

Contact Spellen Law today to speak with an experienced employment law attorney in Alabama. We’re here to help you protect your rights and focus on what matters most — your health and your family.