Do you have a loved one who needs your help with their care?

Tennessee workers and workers from all across the country have loved ones, spouses, children or relatives that at some point in their lives need additional care and support, or maybe a Tennessee or other worker needs to take time off of work for their own personal health or medical matter. Whatever the case, sometimes employees need to take time off of work for medical and other health related reasons, but cannot do so if they fear they may lose their job. This is why the Family Medical Leave Act was created to allow Tennessee employees and employees throughout the country to take leave for medical purposes without losing their job. If you think that your FMLA rights have been violated, you may want to consult with a Tennessee FMLA attorney about your case to get the help you need.

What exactly is the Family Medical Leave Act and who is eligible for leave?

The Family Medical Leave Act was created in 1993. This act allows long time employees of large companies possible eligibility to twelve weeks of unpaid leave and return to their job after the leave is over. This act is available to workers who need to help their own spouse, or children or another family member's serious medical condition. Starting in 2008, family members of a worker who serve in the military may be eligible for twenty-six weeks to care for the person who serves in the military. This act does not offer compensation for this leave. The only way an employee can get paid for this time off is if they have paid time off available to them. Some employers may require their employees to take paid time off during their leave. You may be eligible for the Family Medical Leave under this act if any of the following apply to you:

• Workers of an company with fifty or more workers
• Employed for at least twelve months and worked at least a total of 1,250 hours in the last year

You may be able to take leave for the following situations:

• After a new child is born
• After deciding to foster or adopt a child or children
• Caring for yourself if it means you cannot perform up to standards at work
• Caring for a person who has served in the military

What qualifies as a Serious Health condition under FMLA?

A serious health condition under FMLA is considered to be an illness, injury, physical or mental impairment that requires inpatient care in the hospital, hospice, or residential medical care facility or continuing treatment from a health care provider. If you yourself have a serious health condition it must be one that will not allow you to perform your duties on the job. These serious health conditions also involve more than a few days for treatment.

Does anything happen to my health benefits when I go on leave?

As a worker if you keep paying your part of the benefits, you will still receive that health insurance coverage while you are on leave. However, if you are thirty or more days late with your portion of the payment, then the employer may cut your health coverage while you are taking leave. If your coverage gets dropped, you may be able to regain it once you are able to come back to your job, but if you do not come back to your job, your employer may recover the costs of the premiums they paid when you were on leave.

Will I have the same job when I return from Family Medical Leave?

This depends on the workplace situation. Your employer must restore you to the position you held when you left or to an equal position, with equal pay, benefits, and other terms and conditions. However, if your position would have no longer been available had you been on leave or not, for example, if the position was laid off, you will not have the right to restore that position after your leave. Salaried employees or other key employees do not have the right to return to their old jobs if "substantial and grievous injury" would be the result if the employee did so. If the employer provides proper notice to a salaried employee before they leave, then they do not have to return that employee to their old position when they return from leave.

What am I required to tell my supervisor or company before going on leave?

You are required to tell your supervisor or company about needing leave at least a month before taking it, if you know about it. If you do not know about it, you are required to inform your company or supervisor about the need for leave by the end of the next day of work. However, if your company or supervisor has already approved you for FMLA leave before, you are required to tell the supervisor that this need for leave has to deal with the same condition or another need for the leave time; otherwise you may be in danger of not being able to return to your position at work. If your company probably informs you about FMLA and your rights, then you are required to complete the Certificate of Health Care Provider form and have it signed. This certification may be asked for by your company any time prior to your leave, throughout your FMLA leave or when you return to work. A supervisor is required to allow fifteen days for you to get certification after asking for it. This certification must also be updated and an employer must wait thirty days before asking for it. If the certification says the illness or injury will last more than thirty days, an employer must wait longer unless special circumstances or questions arise.

The certification needs to state something such as:

• The date the illness or injury began
• probable duration
• Facts regarding the condition
• The worker needs to help out with a sick or injured family member or relative of someone who serves in the military

A supervisor has an obligation to require the certification when the worker asks for the leave or within working days or within working days before the leave is to begin, when a worker cannot give notice ahead of time. An employer must also inform the employee of the penalties that may result if the supervisor does not receive the certification. If your supervisor disagrees with the certification they may seek a different opinion from your doctor or from a third person that is selected by your supervisor and yourself.

What notice must my employer provide about my FLMA leave?

An employer must provide four types of notice about your FMLA rights and leave, they include:

• General notice (i.e. displaying posters and giving out a handbook)
• Eligibility notice when an employee requests leave or when an employer notices possible FMLA qualifying leave
• Designation notice within five days of given information whether a request qualifies for FMLA leave or not
• "Rights and responsibilities" notice to an employee who takes leaves in writing, explaining their expectations

Do I have to take any tests before I am able to return to work?

Yes. Your supervisor has the right to request certification from a medical professional that states that you are able to perform up to standards at work. If your employer provided you with certain job criteria before you left, then the certification may also be required to state that you can perform these functions. The employer must accept the exam given by your doctor and may not request a different opinion.

What can I do if I am concerned that my FMLA rights are not being upheld?

If you feel that your FMLA rights have been violated or that you qualify and do not receive the leave, then you can let the Department of Labor know about it and they can look into it for you. You can also contact a Tennessee FMLA lawyer to hear your case and help you get the benefits, pay, and reinstatement that you deserve. Our experienced and caring attorneys at the Higgins Firm are here to answer any questions you may have and to help you through every step of this process to make sure your rights are upheld and you get the care you are entitled to.

Feel free to contact our Nashville law office online or call 800.705.2121 to discuss your legal options.