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Understanding the Challenges of the Family and Medical Leave Act

HomeBlogUnderstanding the Challenges of the Family and Medical Leave Act
February 13, 2024

The Family and Medical Leave Act (FMLA) provides eligible employees with up to twelve weeks of unpaid, job-protected leave per year for specific family and medical reasons. There are many benefits to this option for employees, but the FMLA process can often be fraught with challenges. At Olivier & Schreiber LLP, we understand the complexities of the FMLA and are committed to helping our clients navigate them.

Understanding FMLA

FMLA, or the Family and Medical Leave Act, is a federal law that serves to protect the jobs of employees who need to take time off work as a result of their own serious health condition, that of a family member, or the birth or adoption of a child. The law applies to private employers with fifty or more employees, public agencies, and schools.

Yet, understanding FMLA can be a challenge in itself. The law has specific requirements regarding eligibility and coverage. For instance, an employee must have worked for their employer for at least twelve months and have clocked in at least 1,250 hours during the past twelve months. Additionally, the employer must have at least fifty employees within a seventy-five-mile radius.

FMLA for Employees

While FMLA provides critical protections for workers, navigating the process can present several challenges. These challenges often revolve around job security, healthcare benefits, and the process of reinstatement after leave.

Job Security

While FMLA guarantees job protection during the leave period, some employees may still fear retaliation or negative consequences upon returning to work. Potential repercussions can range from subtle changes in job responsibilities to overt acts of discrimination or even wrongful termination.

Healthcare Benefits

Maintaining healthcare benefits during the leave is another common concern. Although employers are required to maintain the employee’s healthcare coverage during FMLA leave, the employee is still responsible for paying their portion of the premiums, which can be a financial strain, especially when the leave is unpaid.

Reinstatement After Leave

Reinstatement after FMLA leave can also present hurdles. While employers are generally required to reinstate employees to their previous position or an equivalent one, there may be instances where the employee’s job has changed or been eliminated during their absence. In such cases, the employer is not obligated to reinstate the employee.

Our Commitment

At Olivier & Schreiber LLP, we have seen firsthand how these challenges can impact employees and have fought tirelessly on behalf of our clients to ensure their rights are protected. Our team is committed to advancing the rights of workers and consumers in California and throughout the nation. We understand the complexities of FMLA, and we have a deep understanding of the law. We can guide our clients through the process with ease. We have successfully helped numerous clients secure job protection, maintain healthcare benefits, and ensure proper reinstatement after leave.

Reach Out To Us

If you believe your rights have been violated while navigating FMLA or any other employment matter, do not hesitate to reach out to us at Olivier & Schreiber LLP. We are here to help you get justice.

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