Milwaukee workers compensation lawyers
5 Rights the Family and Medical Leave Act Grants You
If you have been working in the United States for a while, you have likely heard of the Family and Medical Leave Act. Many people know the FMLA is a law that entitles them to certain rights regarding time off and medical care, but there is still a lot of confusion around what exactly it is. Passed in 1993, the law grants you the right to take a medical leave from work in a number of situations where you must care for yourself or a family member. In addition, it requires employers to protect your job and insurance benefits while you are absent. In a nutshell, the law exists to help people balance life’s responsibilities in both their work and personal lives. Discussing with Milwaukee workers compensation lawyers if you feel that your rights have been violated is always smart. Here are five ways it can do that.
What is the family medical leave act?
The family medical leave act otherwise known as the FMLA entitles eligible employees of covered employers to take unpaid, job protected leave. This unprotected leave allows the employee to take off time for specified family and medical reasons with the continuation of group health insurance coverage. There are some terms and conditions of this leave, and it is important to know them. Typically under this leave the same terms and conditions of the employer’s insurance apply as if the employee has not taken leave.
The FMLA is intended to provide families with the time and resources to deal with family emergencies, also guiding their employers and what to do with the employees workspace while they are on this unpaid break. The United States Department of Labor’s wage and hour divisions otherwise known as the DOL-WHD is in charge of the FMLA program.
The family medical leave act is a 1993 labor law that proposes to protect the jobs of employees who need to take a leave of absence for personal or family reasons. The law guarantees a qualified employee may take up to 12 weeks for reasons such as childbirth, adoption and personal or family illness. The family medical leave act allows you to take these days as you need them, you do not have to take them all at once. To qualify for FMLA an employee must work for a firm that employs 50 people within a 75 radius of the worksite and there must’ve been employed for at least 1250 hours within the last 12 month period.
This law was a huge change to the United States families, the workplace and the labor force. In 1993 when Bill Clinton signed it into law, the workplace was already changing. Single parent households or households in which both parents work were becoming more and more common, which meant that the employer’s and other employees had to change how they expected their workers to behave. Family had to come first in some of these cases.
The types of qualified medical and family situations also include foster care military leave, so if an eligible employee is a service member, spouse, son, daughter, parent or next of kin they are entitled to 26 weeks of leave. The employee takes unpaid leave from the workplace under the FMLA’s job protection which means that the employee can return to the same position that was held before the leave again and if this position is unavailable the employer has to provide a position that the sub eventually equal in pay, benefits and responsibility.
1.12 Workweeks of Unpaid Leave During One-Year Period To Care for Self or Family Member
Under the FMLA, an individual has the right to take up to 12 workweeks of unpaid time off during any 12-month period for the following reasons:
- Birth of a child
- Adoption or foster care placement
- Caring for an immediate family member
- Recovering from serious illness or injury
- Any qualifying exigency due to someone in the immediate family responding to military active duty
When possible, employees should notify employers within a reasonable amount of time of needing to take leave, but sometimes doing so is unrealistic.
2.26 Workweeks of Unpaid Leave During One-Year Period To Care for Servicemember,
Additionally, if you need to take time off to care for a servicemember in your immediate family who is seriously ill or injured, the FMLA grants you the right to take up 26 workweeks of unpaid time off during any 12-month period. Should your employer refuse to allow this care under the FMLA, reach out to Milwaukee workers compensation lawyers, like the ones available at Hickey & Turim.
3.Continuation of Employer-Sponsored Health Benefits
Another major aspect of the law is that it requires employers to continue any health insurance benefits you had before your need for leave occurred.
4.Flexibility To Take Leave intermittently or On a Reduced Schedule
Realistically speaking, it may not be possible for you to take all of your leave at the same time. For this reason, the law allows people to take time off intermittently or by reducing their schedules.
After you are able to return to work, the FMLA requires your employer to provide you with your previous job or one that is equivalent.
My Family Medical Leave Was Denied
Unforeseen circumstances frequently occur in our lives. Some of these situations may require an extended leave from work. The Family Medical Leave Act law was passed in 1993 to protect employees needing to take extended or intermittent time off work for themselves or a family member.
Because some employees may abuse the system, employers may be too quick to disapprove FMLA even for those employees who truly need it. If you or a family member have a medical condition and have been denied FMLA by your employer, Milwaukee workers compensation lawyers at Hickey & Turim SC can assist you with obtaining the medical leave you requested.
Many employers are confused with the type of information required on FMLA forms and so are more likely to deny an employee’s request for medical leave. Here are three things that employers should not do when reviewing your request for medical leave.
Demand FMLA Forms Only Be Completed by a Doctor
The FMLA forms are required to be signed by a health care provider. Many employers understand this to mean that a doctor must sign the form, which is not true. FMLA forms can be signed by registered nurse practitioners, physicians’ assistants, clinical psychologists, and Christian Science Practitioners, and in some cases a chiropractor. Milwaukee workers compensation lawyers at Hickey & Turim SC can assist you in such a request if your employer has denied FMLA because a doctor did not complete the forms.
Limit FMLA to On-the-Job Injuries
Any illness considered a serious health condition by a health care provider could qualify for FMLA leave. A serious health condition involves hospitalization or treatment that requires visits to a medical clinic. The place where the illness or injury occurred is irrelevant.
Require a Doctor’s Note for Intermittent FMLA
FMLA, in many cases, is for extended periods of medical leave like maternity or to recover from surgery. There are instances when an employee will need intermittent leave for illnesses requiring outpatient clinic or doctor office visits. Intermittent leave could be once a week or multiple days a week, depending on the situation.
If you have been approved for intermittent FMLA, your employer should not require a doctor’s note each time you return to work after being off for medical leave. If you have been penalized for not providing a doctor’s note or denied a request to return to work, contact the Milwaukee workers compensation lawyers at Hickey & Turim SC for help.
Workers’ Compensation Basics
Workers’ compensation insurance, also known as workers’ comp, is insurance required by state law for employees who are injured or taken ill in the course of doing their job. Workers’ compensation is always paid for by the employer. Here are the basics of workers’ compensation.
Workers’ Compensation is a No Fault System
Www doesn’t look at who’s at fault for the accident that injured the employee. It only looks at the question of if the employee was injured in the course of doing her job. That doesn’t mean she has to be doing her work when she’s injured. If she’s on her way to the bathroom and slips and falls, she’s eligible to file for workers’ compensation. One notable exception: if she was under the influence of drugs or alcohol, she may be denied workers’ compensation coverage. Milwaukee workers compensation lawyers from Hickey & Turim SC can help you determine if your injury occurred in the course of doing your job.
Workers’ Compensation Coverage
Www covers a variety of financial claims, including:
- Medical treatment for the injured employee
- Occupational hazards such as exposure to harsh chemicals
- Temporary disability
- Total disability
- Permanent impairment such as losing a finger
- Death benefits paid to surviving dependents
Workers’ Compensation Versus a Lawsuit
WHen you’re on workers’ compensation, you are not permitted to file a lawsuit against your employer. If you believe your employer was responsible for your accident, you may choose to file a lawsuit instead of filing for workers’ compensation. You have the potential for a larger payout from a lawsuit. On the other hand, you have a guaranteed income from workers’ compensation. Milwaukee workers compensation lawyers can help you decide what’s the best course of action for you.
Generally speaking, most employers are required to offer workers’ compensation to their employees. Large companies with sufficient assets are permitted to self-insure, while very small companies with only a few employees may be exempt. Whenever a worker is injured, the employer submits the claim to her insurance company, which will pay medical and disability benefits according to a formula set forth by the state. Milwaukee workers compensation lawyers can help you figure out that formula for your case.
Workers’ Compensation and the FMLA
If your workplace injury turns into a serious health condition, FMLA benefits may kick in. If that occurs, your workers’ compensation benefits and FMLA may run concurrently. Your employer will have to inform you if they’re placing you on FMLA while you’re out on workers’ compensation. You must be notified in writing if that’s the case. Milwaukee workers compensation lawyers from Hickey & Turim SC can help you understand the complexities of workers’ compensation and FMLA benefits.
If you are in a situation where you feel that your employer has violated any of your FMLA rights, an experienced workers’ compensation lawyer can help you with your case. Call a legal professional today to get the treatment you deserve!
Posted on April 30, 2021 @ 3:22 am