Atlanta Family Medical Leave Act Attorneys
Cantrell Schuette, P.A. offers expert legal guidance and representation in Family Medical Leave Act cases in Atlanta, Georgia, ensuring your rights are protected and advocating for justice.
What Does the FMLA Cover?
The Family and Medical Leave Act (FMLA) allows eligible employees up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons. During this leave, your employer must maintain your group health benefits as though you were still working. Additionally, you can return to your previous role or an equivalent position when your leave ends. FMLA leave may be taken continuously or intermittently, depending on your circumstances.
Eligible employees may take FMLA leave for:
- Birth or bonding with a newborn.
- Adoption or placement of a foster child.
- Caring for a spouse, child, or parent with a severe health condition.
- Addressing the serious health condition that hinders your ability to work.
- Handling qualifying difficulties related to a family member’s military duty in the National Guard, Reserves, or Armed Forces.
- Caring for a servicemember or veteran with a severe injury or illness (up to 26 weeks of leave).
If you feel your FMLA rights have been violated, or you’re experiencing retaliation for taking FMLA leave, contact Cantrell Schuette, P.A. at (404) 474-7924 or coordinator@caklegal.com for a consultation.
Which Employers Must Comply with FMLA?
Not all employers are subject to FMLA. The FMLA applies to:
- Private-sector employers with 50 or more employees.
- Public agencies, including local, state, and federal governments.
- Regardless of the number of employees, local educational institutions, such as public and private elementary and secondary schools.
If your employer falls into one of these categories, you may be covered by FMLA protections.
Who is Eligible for FMLA Leave?
To be eligible for FMLA leave, employees must:
- Work for a covered employer.
- Have been employed by that employer for at least 12 months.
- Have worked at least 1,250 hours in the 12 months preceding the leave.
- Be employed at a location where the employer has at least 50 employees within a 75-mile radius.
Particular criteria may apply to airline flight attendants and crew members. If you need clarification on your eligibility, consult our attorneys for guidance at (404) 474-7924 or coordinator@caklegal.com.
Are There Any Additional Georgia or Atlanta Leave Protections?
While the FMLA provides crucial protections, Georgia and Atlanta have additional laws that can affect employee leave:
- Georgia Fair Employment Practices Act: Although this act doesn’t provide additional leave, it prohibits discrimination based on race, age, disability, and other factors.
- Georgia Age Discrimination Act: This act protects individuals aged 40 to 70 from employment discrimination but doesn’t extend specific leave entitlements.
- Equal Employment for Persons with Disabilities Code: Prohibits discrimination against individuals with disabilities in employment settings but does not provide additional family or medical leave.
City employees in Atlanta may also access enhanced leave options through employment contracts or collective bargaining agreements.
How Is FMLA Enforced in Atlanta?
In Atlanta, the FMLA is enforced by the U.S. Department of Labor’s Wage and Hour Division (WHD). Employees can file complaints with the WHD if they believe their FMLA rights have been violated. However, it is advisable to consult an employment attorney to ensure your case is presented effectively.
At Cantrell Schuette, P.A., we help clients through the process, including filing lawsuits when necessary. Successful cases may lead to compensation for lost wages, front pay, liquidated damages, and attorney’s fees. For assistance, call us at (404) 474-7924.
The Family Medical Leave Act Attorneys in Atlanta
Cantrell Schuette, P.A. is here to guide you through the complexities of the FMLA in Atlanta, Georgia. We understand the importance of protecting your right to leave without fear of losing your job. Our experienced team will ensure your rights are upheld and advocate for you if violated.
Why Choose Cantrell Schuette, P.A.?
Our experienced employment attorneys are well-versed in FMLA-related cases. Here’s why you should choose Cantrell Schuette, P.A.:
- FMLA Expertise: We have in-depth knowledge of FMLA regulations and how they apply to employees in Atlanta.
- Custom Legal Solutions: We provide personalized legal strategies tailored to your circumstances.
- Protection from Retaliation: We will defend you against any employer retaliation for exercising your FMLA rights.
- Compassionate Support: We understand that dealing with family and medical leave issues can be stressful, and we offer empathetic legal support throughout your case.
- Local Insight: As Atlanta-based attorneys, we understand how local laws interact with federal regulations.
Contact Cantrell Schuette, P.A. for a consultation at (404) 474-7924 or email coordinator@caklegal.com.
Frequently Asked Questions (FAQs)
What situations qualify for FMLA leave?
FMLA leave can be taken for your serious health condition, to care for a family member with a severe health condition, for the birth or adoption of a child, or to address specific needs related to a family member’s military service.
How long do I have to work before becoming eligible for FMLA leave?
To be eligible for FMLA leave, you must have worked for your employer for at least 12 months and completed 1,250 hours of work during the previous 12 months.
Can I lose my job if I take FMLA leave?
No, FMLA provides job protection. When you return from leave, your employer must hold your position or offer a similar role with the same pay and benefits.
What should I do if my employer refuses to let me take FMLA leave?
If your employer denies your request for FMLA leave and you believe you are eligible, you should speak with an attorney. You may have grounds for a claim if your rights are being violated.
Is FMLA leave paid?
FMLA leave is typically unpaid, but you may use accrued vacation or sick time, or your employer may offer paid leave that runs concurrently with FMLA.
For specific guidance on your FMLA rights or for help with a claim, contact Cantrell Schuette, P.A. at (404) 474-7924 or email coordinator@caklegal.com. We’re here to assist you!
