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fmla violations Archives

How is leave calculated when using FMLA?

For Iowa workers who qualify for job protection and time off under the Family and Medical Leave Act (FMLA), it is not a simple matter of taking the time off without meeting certain requirements. The basics are easily understood. Workers can use FMLA for as much as 12 workweeks off. Those who are serving as a military caregiver can get up to 26 workweeks off. One factor that is frequently misunderstood is how leave usage is calculated. Understanding that is critical to FMLA and taking the time off.

What is military service qualifying exigency under FMLA?

Workers in Iowa who have family members who are in military service will often be worried about how potential demands for time off will affect their work. The Family and Medical Leave Act has a stipulation that an eligible worker can use FMLA if there is a qualifying exigency. When seeking to take time off from work and have the job protected, it is important to understand how FMLA protects these individuals.

Is there a timing requirement for taking FMLA leave?

Iowa residents who are seeking to take time off from their job with their employment protected under the Family and Medical Leave Act should know that there are certain requirements that go along with it. One key requirement is the timing of when the employee will give notice that FMLA leave will be taken. Provided all the basic rules are in place for a worker to use FMLA, the employer must allow its use. If the worker adheres to the requirements and is harassed, threatened or even dismissed because of it, it could be the foundation for a legal filing to be compensated.

What is in loco parentis under the Family and Medical Leave Act?

Iowa workers who are eligible under the Family and Medical Leave Act are entitled to have as many as 12 workweeks off for a variety of personal reasons. Their jobs will be protected during this time. People who are eligible for FMLA should know the different categories under which they can use their rights to take this time off. One is when an employee has a "in loco parentis" relationship. People who meet the criteria of an in loco parentis relationship can take time off under FMLA to care for the person who was their "parent." If they are eligible and their employer has not granted this time, they can pursue their rights under FMLA with help from an attorney.

What is certification of a serious health condition under FMLA?

Iowa workers who are eligible to take time off from work under the Family and Medical Leave Act should be cognizant of certain requirements that may accompany it. If, for example, the employer wants to receive certification of the serious health condition of the worker or the worker's family member before granting FMLA, it can request it. When the employer wants certification, it must be included in the notice regarding rights under FMLA when the employee first requests it. Certification can be requested later if there are concerns as to whether the leave or the duration of the leave were appropriate.

A lawyer can help with FMLA violations and other workplace issues

Iowans who are trying to balance their work life and their family obligations will often find there is a gap between the two. Taking time off for family considerations is a desire and a necessity at times, and the Family and Medical Leave Act (FMLA) is meant to grant workers a certain amount of time off from work with their employment status protected from reprisal in the form of job loss, demotion and other sanctions. Women who become pregnant are shielded from discrimination and should be accorded certain accommodations due to their condition. The failure to do so could be a violation of the law and warrant a legal filing to be compensated.

Does FMLA cover spouses working for the same employer?

Iowa employers and employees should be aware of all aspects of the Family and Medical Leave Act. For covered workers, it provides unpaid leave for as much as 12 workweeks without the employee needing to fear for his or her job. While the basics of the law might be relatively easy to understand, there are subsets that people who fall into certain categories should know about. In some cases, both spouses will work for the same employer. This can affect their FMLA leave in a variety of ways. When there is a problem with spouses and FMLA, it can be the basis for a legal filing.

Can I have FMLA leave for birth of a child and adoption?

Iowans who are concerned about managing both their job and attempts to expand their family should be aware of the Family and Medical Leave Act. Many will have a vague notion of the basics of FMLA, but will not realize that it extends beyond pregnancy and maternity leave to the prospective parent being granted time off and job protection if he or she is adopting a child. When there is an issue with this or concerns about it, a legal professional is vital to the case.

Am I protected by FMLA to perform military service?

When an Iowan is a close relative to a person who is in the military, the Family and Medical Leave Act has certain provisions that allow a covered employee to use the FMLA leave for issues that are considered qualifying exigencies. This means if it is urgent that a close relative of the employee needs to care for the service member who is suffering from an illness or injury, FMLA is applicable. The close relative must be a son, daughter, parent or next of kin. If there is a violation of this part of FMLA, the person should be aware that it is possible to file a lawsuit against the employer because of it.

Understanding what constitutes a FMLA violation

Life is filled with many surprises and various ups and downs. While these events are just the natural parts of life, employees in Iowa and elsewhere might find it difficult to maintain a regular work schedule in order to address these life events appropriately. Because of that, the Family and Medical Leave Act provides for employees deemed eligible to take unpaid, job-protected leave for certain family and medical situations.