FMLA Tag

https://www.kielichlawfirm.com > Posts tagged "FMLA"

7 Tips for Taking FMLA Leave — Fort Worth Employment Attorney

Most of my work with FMLA clients in Dallas, Arlington and Fort Worth involves helping them after they have sought FMLA leave and the employer has already violated their FMLA rights. As much as they need urgent help from an employment lawyer, it's equally as important that employees understand how to properly exercise their rights under FMLA to ensure the employee can take FMLA leave when needed. Much of the guidance available online regarding FMLA leave is written by management-side employment attorneys and management-side industry groups to help employers maneuver FMLA regulations and sometimes even to foil legitimate claims for FMLA leave....

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Can I take FMLA leave and leave under the ADA at the same time in Texas?

Sometimes an employee has a medical condition or disability that qualifies for FMLA leave and leave under the Americans with Disabilities Act (ADA) as a reasonable accommodation. The issue how to protect the employee's job through protected leave under the ADA and FMLA is complicated. Each law provides a different set of rights to leave and overlap. Employers often get this issue wrong because they are unaware of ADA reasonable accommodation rules or do not understand that the ADA may apply to FMLA leave requests. HR departments may not be staffed with employees who thoroughly understand FMLA and ADA rights. They...

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What happens if my employer miscalculates my FMLA eligibility in Texas? Dallas employment lawyer explains

FMLA protects a covered employee's right to up to twelve weeks of protected leave time for specific medical conditions for the employee or an immediate family member. An employee must qualify for FMLA protections to invoke the right to leave under the statute. An employee who does not qualify for FMLA leave must look to other laws or the employer's voluntary leave policy. To be eligible for FMLA leave: The employee is covered under FMLA (with sufficient service time and hours). The employer is a covered employer (with at least 50 employees in a 75 mile radius). The employee is eligible for the...

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Can my employer disagree with my doctor’s FMLA certification in Texas?

Under the Family Medical Leave Act (FMLA), eligible employees of covered employers can request up to twelve weeks of medical leave within a one year period for a serious medical condition of the employee or a family member as well as the birth or adoption of the employee's child. When the employee requests FMLA leave for a serious medical condition, the employer can request certification of the medical condition. Employers can request information about the medical condition, the need for leave, contact information for the physician among other facts. Employers may reject the certification or require additional information in limited circumstances and through specific procedures. When...

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Can I file an FMLA lawsuit in Texas state courts?

Yes, under section 107 of the Family Medical Leave Act, a covered employee may file suit in a federal or state court with competent jurisdiction to hear the FMLA claims. That means an employee with FMLA claims can certainly file those FMLA claims in Texas state courts. Rules governing which Texas state courts have jurisdiction to hear FMLA claims lies, generally, within the Texas Government Code. FMLA claims filed in Texas courts will go to county or district courts based on limits on damages in each type of court. In addition to the damage limitations, a plaintiff filing FMLA claims must file in a...

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Can my employer make me waive FMLA protection in Dallas and Fort Worth, Texas?

No, an employer cannot require you to sign a waiver of protection under FMLA for future leave or protection from discrimination on the basis of prior use of FMLA. Department of Labor regulations on FMLA prohibit employers from requiring employees to waive FMLA rights and hold any waiver invalid. Like minimum wage and overtime protections, employers cannot require employees to give up legal protections. All that said, keep in mind that this prohibition on FMLA waivers is for future protections under the law. That means an employer cannot require you to waive protections for future leave or from future adverse action for...

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5 FMLA Myths You Might Believe in Texas by Fort Worth employment attorney Adam Kielich

Employment lawyers like myself deal with my fair share of FMLA cases for clients. (Probably more than my fair share in Dallas and Fort Worth.) Among those FMLA claims I see employers violate FMLA often because the employer was ignorant of FMLA regulations or had serious misconceptions about FMLA. I also get plenty of calls from employees who believe their employer violated FMLA but the employee misunderstood his or her rights under FMLA. Today's post is a helping of debunking so people can better understand their FMLA rights. 1. My employer has to approve FMLA leave when I ask for it. Remember The...

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Should I ask for FMLA intermittent leave? Dallas FMLA lawyer discusses

The Family Medical Leave Act is a federal law that protects the rights of employees to up to twelve weeks of medical leave within a twelve month period for treatment of a serious medical condition. FMLA protects not only the right to a single continuous leave period; FMLA also protects the right to take intermittent leave. Intermittent leave allows employees to take FMLA-protected leave in small leave periods. Intermittent leave is an important tool for employees who have a serious medical condition but may need ongoing treatment on a periodic basis, such as weekly or monthly treatment sessions, as well as...

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FMLA leave medical recertification: Dallas employment lawyers

You request FMLA leave. Your employer requests medical certification. You provide it. Your employer approves your FMLA leave. You take leave. Then, while you are on FMLA leave, your employer is sending you requests for new medical certification? Can your employer do that? The answer is yes, under certain circumstances, your employer can request new medical certification after you are on FMLA leave. These subsequent FMLA medical certification requests are acceptable under the Department of Labor's FMLA regulations. If you have questions about FMLA medical certifications then you should contact a Texas FMLA lawyer right away. However, the DOL's FMLA regulations do...

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FMLA and twelve month period for eligibility: Dallas labor lawyers for FMLA

FMLA (Family Medical Leave Act) medical leave is a huge source of employment litigation in Texas and around the nation. One of the major issues in FMLA leave and FMLA litigation is how the employer calculates eligibility for medical leave. FMLA protects medical leave for qualified medical conditions up to twelve weeks within a twelve month period. The Department of Labor recognizes four formulas for calculating FMLA eligibility within the twelve month period. Which formula the employer adopts and how the employer implements that formula can greatly affect the employee's rights under FMLA. That is especially true when the employee has...

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