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Find Family Leave Lawyer

Family Leave

Sometimes, events occur that can rock a person to their core. Often these life-altering events correspond to a birth or a loved one falling ill. In order to handle these challenging times, many employees may use their right to take family leave.


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Anzalone Law Firm

15 years in practice
Criminal Defense, Divorce & Family Law, DUI Law, Employment Law, Personal Injury
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Law Offices Of Eric Shore

27 years in practice
Employment Law, Personal Injury
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Northwest Legal Advocates, LLC

38 years in practice
Criminal Defense, Employment Law
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Cammarata, Nulty & Garrigan LLC

52 years in practice
Criminal Defense, Employment Law, Personal Injury
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Hubbs Disability Law

32 years in practice
Auto Accidents, Employment Law, Personal Injury
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Pleban & Associates

11 years in practice
Employment Law, Personal Injury
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Giving Time For Life-Altering Circumstances

In order to accommodate for extremely important medical events, the Family Medical Leave Act (FMLA) was passed. The FMLA gave qualifying employees a federal right to take time off for qualifying events. Additionally, private companies can offer their own system of family leave that may even be paid.

FMLA Leave

In order to qualify for FMLA leave, the employee must have worked for the employer for at least 12 months, accruing 1,250 hours of compensable work in that time. Additionally, the employer must employ at least 50 people within 75 miles of its location. Under these circumstances, the FMLA allows 12 weeks of unpaid leave for a qualifying event. Qualifying events include:

- The birth of a newborn child
- Adopting or fostering a child
- Taking care of an immediate family member with a serious health condition
- Experiencing a serious health condition

If an employee fulfills these conditions, they are allowed to take the FMLA leave without fear of losing their job.

Paid Family Leave

In addition to federally mandated family leave, some employers offer paid family leave as a benefit. Some employers will offer full pay leave, half pay leave, or a combination of full and half pay. How an employee qualifies for this benefit varies from company to company. Importantly, the existence of paid family leave offered by the company does not invalidate the federally required unpaid leave that an employee can take.

Protecting Employment Rights

If you feel that you have been wrongfully terminated for taking legally allotted leave and want to seek justice, you will need the help of an experienced employment law attorney. A private defense attorney is able to focus completely on your case and devote far more attention to your case than a public defender would be able to.

In order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.

At AAL, we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today to be matched with skilled and experienced attorneys in your area who practice employment law.

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Family Leave Frequently Asked Questions

1. What is family leave?

Family leave refers to the legally required time off that is granted to all employees under the Family Medical Leave Act (FMLA). Family leave can be statutorily granted or it can be given as part of a benefits package, but the end result is the same: employees can take time off to care for life-altering medical events.

2. How does paid family leave work?

Under the FMLA, the time off that is granted is unpaid. All that the FMLA does is allow employees to take time off without being terminated from their position. However, some positions offer paid family leave as a benefit. These jobs may give full or half pay to employees who take leave for a certain amount of time. The exact circumstances of how paid family leave functions varies from employer to employer and can often be found in the employee handbook.

3. Can I work while on paid family leave?

While an employee is on family leave they are not on the clock and as such have no requirement to work. However, if there is an emergency at work that only the employee can handle, they may elect to temporarily return to work to handle that emergency, though it isn’t required.

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