1197 Canton Street Roswell, Georgia 30075
3333 Northside Dr. Suite A, Macon, GA 31210
info@lddlawyers.com
It’s not easy to juggle the demands of work and family life. If you’re working long hours and suddenly get sick, someone in your family gets sick, or you or your spouse needs to take time off to care for your new baby, how can you get the time off from work to take care of your family’s needs? If you’re sick, your employer may have short or long-term disability policies that give you time off from work and pay you.
But not all employers offer these benefits. Even those that do, however, require you to satisfy stringent requirements showing that you are totally disabled from your job or from other types of work. So, if you’re too sick to work, but not sick enough to qualify for a disability leave of absence, are you totally out of luck?
No. The Family Medical Leave Act (FMLA) may protect you.
The FMLA is a federal employment law that allows eligible employees to take up to 12 weeks of unpaid leave from their jobs annually in the following circumstances:
Unfortunately, not all employees are covered by the FMLA. There are several important eligibility requirements. First, you must have been employed by your employer for at least 12 months and have worked at least 1,250 hours in the year before the date of your leave. Second, your employer must have at least 50 employees either at the facility where you work or a total of 50 employees located anywhere within a 75-mile radius of your workplace.
The next requirement is that you must have a serious health condition to be eligible for FMLA leave. Although this is a complex issue, this is typically either a condition that requires you to seek medical care and have an absence from work, a course of inpatient medical care, or a chronic condition that requires you to take time off from work for treatment.
If you are eligible for FMLA leave, the first step in the process is asking your employer to take leave. Typically, this requires you to give, if possible, advance notice to your employer of your need for medical leave. Once you request leave, your employer can require you to submit medical or other documentation to support your need for leave. In certain cases, however, where you can’t give advance notice, such as a medical emergency, you don’t need to give notice in advance, but you must request leave as soon as possible after the emergency.
Once you’re on leave, your employer can, in certain circumstances, request additional documentation from you. When you are ready to return from leave, your employer must restore you to your job at the same rate of pay and the same benefits.
The FMLA protects you against adverse action in several ways. First, employers may not interfere with your right to take FMLA leave. This means that if you are eligible for FMLA leave, you have complied with all of your employer’s notice requirements, and you have provided the necessary medical or other documentation, you are absolutely entitled to take leave. Your employer cannot interfere with that right by either denying your request for leave or imposing other notice or disclosures beyond those required by the Act. Also, if your employer fails to restore you to your job after your FMLA leave, that would support an interference claim.
The FMLA also protects you against retaliation. If your employer retaliated against you for taking FMLA leave, or even simply for asking for leave, you may have a claim for FMLA retaliation.
Unlike Title VII, the FMLA does not require you to file a charge with the EEOC before filing suit. If your employer violates the FMLA, you have two years to file an FMLA lawsuit, or three years if you can show your employer’s misconduct was willful.
Whether you are considering requesting a leave of absence, getting ready to return to work from your leave, or your company has retaliated against you for requesting or taking leave, find out whether your FMLA rights have been violated. If you have any questions about the FMLA or are concerned that your employer is not following the law, don’t hesitate to reach out to our Atlanta FMLA lawyers at Lober & Dobson LLC.
The following damages are available to you if you succeed in your FMLA lawsuit:
The FMLA is an extremely complicated law with a number of detailed requirements, such as strict time limits, complicated notice obligations, and medical certification requirements. Unscrupulous employers will try to trip you up with these technicalities.
Fortunately, the experienced employment attorneys of Lober & Dobson LLC have years of experience in dealing with the FMLA.
We simplify complex legal matters by providing clear, concise, and accurate answers to your most pressing questions.
We focus on high-stakes litigation, including Insurance Regulatory and Consumer Class Actions (auto claims, life insurance payment failures), Business Litigation (shareholder and contract disputes), and Catastrophic Personal Injury (wrongful death, severe injury claims).
We maintain a high level of transparent communication and dedicated support, ensuring class members and business clients are informed of all strategic and financial developments, from initial filing to final settlement distribution.
Resolution time varies greatly depending on the complexity and jurisdiction. However, our goal is always to achieve the maximum possible result as efficiently as possible, often securing substantial settlements without sacrificing speed.
While our record includes major jury verdicts (like the $\$14.9$ million injury case), we aggressively pursue settlements when they meet our client's goals. Our strong trial readiness is a key factor in negotiating the best possible settlement terms.
For most Personal Injury and Class Action matters, we work on a contingency fee basis—meaning you only pay a fee if we successfully recover compensation for you.
Please bring all relevant documents, such as insurance denial letters, accident reports, original contracts, or relevant corporate documentation, so we can immediately assess the merits and potential value of your case.
Copyright © 2025 All Rights Reserved.
