Family And Medical Leave Act Attorneys Protecting Workers In Iowa And Nebraska

At Fiedler Law Firm, P.L.C., we are committed to helping clients protect their rights under the Family and Medical Leave Act (FMLA). This law allows eligible employees to take up to 12 weeks per year off work because either they or a family member has a serious health condition or because they become a parent. The FMLA probably applies to you if you have held your job for at least one year and you work for the government or an employer with 50 or more employees within a 75-mile radius of your workplace.

You don’t even need to mention the FMLA in order to be entitled to the time off. You do have to give your employer enough information so they know there might be a serious health condition involved. Your employer can require you to fill out paperwork and have your doctor certify that you need the leave.

According to the FMLA, a “serious health condition” doesn’t have to be all that serious. A health condition qualifies if any of the following are true:

• The condition makes the patient unable to work or perform regular daily activities for more than three consecutive days, and it involves either two doctor’s visits, or one doctor’s visit and a prescription (examples may include strep throat, ear infection or pink eye)
• The condition is chronic and requires continuing treatment (examples may include asthma, diabetes or epilepsy)
• The condition has resulted in an overnight hospital stay

You can take leave in increments as short as one hour or less. For instance, the health condition might require periodic doctor appointments or might limit your work to reduced hours for a period of time.

Common Examples Of FMLA Violations

A worker’s rights under the FMLA may have been violated if their employer:

• Refused to authorize FMLA leave for an eligible employee
• Discouraged an employee from using FMLA leave
• Manipulated an employee’s work hours to avoid responsibilities under the FMLA
• Used an employee’s request for or use of FMLA leave as a negative factor in employment actions, such as hiring, promotions, or disciplinary actions

This isn’t a complete list of violations. When you contact our firm, our attorneys will take the time to listen to your story and let you know if you have grounds for legal action.

When Does The Family And Medical Leave Act (FMLA) Apply To You?

The Family and Medical Leave Act (FMLA) probably applies to you if:

• Your company has at least 50 employees within a 75-mile radius of your location
• You have worked there for at least a year
• You have worked at least 1,250 hours during the past year
• You need time off to give birth and/or care for a newborn, bond with a newly adopted child, take care of an ailing family member or tend to your own serious medical needs

FMLA leave is unpaid, but it is intended to protect your job when you need to take time off. Therefore, it is against the law for your employer to take your job away from you during your leave or upon your return unless you are given an almost identical job with the same pay, status, and work schedule. It’s also against the law for your employer to retaliate against you because you have taken FMLA leave or tried to do so. One common violation employers commit is to count the leave against you under a so-called “no fault” attendance policy.

Our Attorneys Respond To Common FMLA Questions And Violations Scenarios

Below, we have provided responses to some of the most common questions and scenarios posed by clients.

Scenario one: “Do I have to take all 12 weeks of FMLA leave at the same time?”
Attorney response: No. You can request intermittent FMLA leave, which means you miss a few days or a few hours here and there. You can keep taking leave until all those days and hours add up to 12 weeks.

Scenario two: “My children are prone to ear infections. It seems like a few days after we get off the antibiotic, they get sick again! My boss got fed up with me taking off work and is starting to write me up every time it happens. Is there anything I can do?”
Attorney response: Yes. You can take FMLA leave for your kids’ health condition if it results in (1) three or more consecutive days of being unable to attend daycare or school; and (2) (a) more than one doctor’s visit or (b) one doctor’s visit plus a prescription for medication. Different criteria apply if the condition is “chronic.”

Scenario three: I work out of my house. Can I still get FMLA leave?”
Attorney response: Maybe. If you have no fixed work site, or if you work out of your home, you have to look at your “home base” to determine if you qualify for FMLA. Your home base is the location from which your work is assigned or where you report. If there are at least 50 employees within 75 miles of that home base, or at least 50 employees that report to that home base, then you qualify.

Scenario four: “I planned to take four weeks of sick leave after surgery. But I had to take off longer due to complications, so they fired me. I heard I could have taken FMLA leave to protect my job, but I didn’t know anything about it at the time. Am I out of luck?”
Attorney response: No. As long as your employer knew you were having surgery, you were covered by the FMLA – whether you knew it or not. Your employer can make you and your doctor fill out a form, but if they don’t request it, you don’t have to do it. The FMLA makes your termination illegal as long as you meet the criteria mentioned earlier on this page.

Speak To An Attorney To Learn About Your Rights And Legal Options

With offices in Johnston, Iowa, and Omaha, Nebraska, Fiedler Law Firm serves clients throughout both states. To schedule your initial consultation with one of our skilled employment law attorneys, call our Johnston, Iowa office at 515-303-8210 or our Omaha, Nebraska office at 402-281-3501. You can also reach us online.