Family Medical Leave Act (FMLA) Attorney in Minnesota

If you’re facing challenges with Family Medical Leave Act (FMLA) rights or have questions about your eligibility for FMLA leave, it’s essential to understand your legal protections. At Capitol City Law Group, LLC, our labor and employment attorneys are experienced in helping employees in Minneapolis, St. Paul, and across Minnesota navigate FMLA issues. We are committed to ensuring that your rights are upheld and that you receive the leave and job protections to which you are entitled.

The Family Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of unpaid leave annually for specific family and medical reasons. FMLA ensures job protection, meaning employees can return to their original or a similar position after their leave period and protects against employer retaliation for taking such leave.

While the majority of employers comply with this law and allow their employees to take time off for important situations in their lives, others may not. In fact, rather than deny a request for time off, an employer could retaliate by decreasing the worker’s position or wages upon returning to work, or even by firing them.

If this occurs, your rights under FMLA may very well have been violated. It is important that you contact a team of seasoned Minnesota  

Why Choose Our FMLA Lawyers?

• More than 30 years of combined experience
• Trial-tested insights and a proven history of success
• Free phone or in-person consultation

At Capitol City Law Group, LLC, we understand how important it is that you can balance both your work and personal lives without fear of retaliation. Our team can discuss what your rights are under FMLA, review your unique situation, and take steps to ensure that justice is obtained. Email us or call 651-877-6784 for your free consultation!

Understanding the Family Medical Leave Act (FMLA)

FMLA protects employees who need to take time off for family and medical reasons, including family and medical leave. FMLA allows eligible employees to take up to 12 weeks of unpaid leave annually for specific family and medical circumstances. This leave is job-protected, meaning employees can return to their original or equivalent position after their protected medical leave period.

FMLA provides a safety net for those facing significant life events, such as the birth or adoption of a child, or the need to care for a family member with a serious health condition. It also covers employees who have their own serious health issues that prevent them from performing their job functions.

One of the key aspects of the FMLA is its protection against retaliation. Employees cannot be lawfully terminated or discriminated against for taking leave under FMLA. This ensures that employees can prioritize their health and family needs without fear of losing their jobs or facing other negative consequences.

Eligibility Requirements for FMLA Leave

Determining your eligibility for FMLA leave is the first step. Here are the key requirements:

• You must have worked for your employer for at least 12 months, and these months do not need to be consecutive.
• You need to have accumulated at least 1,250 hours of work in the 12 months preceding your leave request.
• Your employer must be a public agency or a private employer with 50 or more employees within a 75-mile radius.

These eligibility requirements are vital for both employees and employers.

Situations Covered Under FMLA

The FMLA covers a wide range of situations, including:

• Birth and care of a newborn child, including adoption or foster care placement, allow parents time to bond with their new family member.
• Caring for a spouse, child, or parent with a serious health condition, helping employees assist their loved ones during crucial times, and reducing job insecurity.
• Leave for an employee’s own serious health condition that prevents them from performing their job duties.
• Special provisions for military families, allowing leave for certain exigencies related to a family member’s military service, including:
  • Attending military events
  • Arranging alternative childcare
  • Addressing financial and legal arrangements for family members

These comprehensive coverage areas underscore the FMLA’s commitment to supporting employees through significant life events.

How Long Can I Take FMLA Leave?

Under FMLA, eligible employees are entitled to take up to 12 weeks of unpaid leave within a calendar year for qualifying family and medical reasons. In certain circumstances, FMLA leave can be extended beyond the standard 12 weeks. For instance, military families may qualify for up to 26 weeks of leave in a single 12-month period to care for a covered service member with a serious injury or illness. This extended leave ensures that military families have the necessary time to support their loved ones during challenging times.

FMLA leave can also be taken intermittently, meaning that employees can take leave in separate blocks of time or reduce their work schedule, depending on their specific needs. Intermittent leave is especially useful for managing ongoing medical treatments or conditions that require periodic care, such as chemotherapy sessions or physical therapy appointments.

The duration and nature of FMLA leave may vary based on the reason or condition. For example, an employee may take a full 12 weeks for the birth and care of a newborn, while another might take intermittent leave for their own serious health condition that requires regular medical attention.

How to Request FMLA Leave

Requesting FMLA leave involves a straightforward process. It begins with notifying your employer about your need for leave. This can be done through various means such as in-person testimony, email, or constructive notice. Ideally, you should provide at least 30 days’ notice if the leave is foreseeable, such as for a planned surgery or childbirth. Employers typically provide the necessary forms to be filled out, which may include a certification from a healthcare provider.

Comply with reasonable requests for additional information to ensure your leave is properly documented and approved. Following these steps carefully helps secure your FMLA leave without unnecessary complications. Clear communication with your employer and adherence to procedures will facilitate a smoother leave process and help maintain a positive working relationship.

What Documentation Is Needed for FMLA Leave?

When applying for FMLA leave, you need proper documentation to process your request smoothly. Here’s a detailed look at what you need to provide:

1. FMLA Request Form: Begin by submitting a formal request for FMLA leave to your employer. This form typically includes your personal information, the reason for leave, and the anticipated start and end dates.
2. Medical Certification: For leave related to a serious health condition, either your own or a family member’s, a medical certification from a healthcare provider is required. This document should detail the medical facts, the need for leave, and the expected duration.
3. Employer Notification: Notify your employer of your intent to take FMLA leave at least 30 days in advance if the leave is foreseeable, such as for a planned surgery. If 30 days’ notice isn’t possible, inform them as soon as practicable.
4. Additional Paperwork Requests: Employers may request further documentation to verify the need for leave. Respond promptly to these requests, providing any additional information or clarifications required.
5. Deadlines for Documentation: Submit all necessary documentation within the deadlines set by your employer. Typically, you have 15 calendar days to provide medical certification once requested.
6. Handling Requests for Additional Information: If your employer requires more information, it’s important to comply with these requests in a timely manner. This may involve providing further medical details or clarifications about your leave situation.

By ensuring you have all the necessary documentation and meeting submission deadlines, you can help facilitate a smoother FMLA leave process. If you encounter any issues or have questions about the required paperwork, consider consulting with an experienced employment lawyer to guide you through the process.

Job Protection and Benefits During FMLA Leave

A cornerstone of the FMLA is the job protection it offers. Employers must maintain the employee’s group health benefits during FMLA leave under the same terms as if the employee were still actively working. Employers cannot interfere with, discriminate against, or retaliate against employees for taking FMLA leave. This ensures employees can exercise their rights without fear of negative consequences like job termination or demotion. These protections foster a supportive work environment where employees can prioritize their health and family responsibilities.

Will My Health Insurance Be Covered During FMLA Leave?

Under FMLA, employers are required to maintain the employee’s group health insurance coverage under the same terms and conditions as if the employee were still actively working. This means that if you are on FMLA leave, you can expect your health insurance to remain intact, ensuring you and your family members continue to have access to necessary medical care.

While your health insurance coverage is maintained, you may still be responsible for paying your share of the health insurance premiums. These out-of-pocket costs are typically the same as what you would pay if you were working. Arrange with your employer how these payments will be handled during your leave to avoid any lapses in coverage.

If an employee decides not to return to work after their FMLA leave, there could be financial implications. Employers may require you to reimburse them for the employer-paid portion of the health insurance premiums during the leave, unless the reason for not returning is due to circumstances beyond your control, such as a serious health condition or other unforeseen circumstances.

Common Issues and Employer Violations

Despite FMLA protections, many employees face challenges when exercising their rights. Here are some common issues and employer violations:

• Employer Retaliation: Employees might receive negative performance reviews, demotions, or even termination after requesting or taking FMLA leave. Such actions are clear violations of FMLA and can have serious repercussions for the employer.
• Miscommunication or Lack of Information: Employers may fail to provide the necessary information about FMLA rights and procedures, causing confusion and delays in the leave process.
• Inadequate Record-Keeping: Employers might not maintain proper documentation of FMLA leave, which can lead to disputes about leave entitlement and usage.

Employees should be aware of these potential violations and know they can take legal action if their FMLA rights are violated. Keeping detailed records of all FMLA-related communications and actions can serve as important evidence if you need to pursue legal action.

Can My Employer Deny My FMLA Request?

While the Family Medical Leave Act (FMLA) provides eligible employees with the right to take unpaid leave for certain family and medical reasons, there are valid circumstances where an employer can deny a request for FMLA leave. Understanding these reasons is crucial for employees seeking to utilize their FMLA rights.

Valid Reasons for Denial

1. Ineligibility: One of the primary reasons an employer may deny an FMLA request is if the employee does not meet the eligibility criteria. Employees must have worked for the employer for at least 12 months and have clocked at least 1,250 hours in the past 12 months. Additionally, the employer must have at least 50 employees within a 75-mile radius.
2. Improper Documentation: FMLA requires proper documentation to support the leave request. If an employee fails to provide adequate medical certification or if the documentation does not clearly establish the need for leave, the employer may deny the request.
3. Non-qualifying Reasons: FMLA leave is designated for specific situations such as serious health conditions, caring for a family member, or certain military-related exigencies. Requests for leave that do not fall under these categories may be denied.

Steps to Contest a Denial

If your FMLA request is denied, there are steps you can take to contest the decision:

1. Review the Denial: Carefully review the denial notice to understand the specific reasons for the denial. This will help you address any discrepancies or missing information.
2. Provide Additional Documentation: If the denial is due to inadequate documentation, promptly provide any additional information or clarification required. This may involve obtaining further medical certification or clarifying the reason for leave.
3. Consult with HR: Engage with your Human Resources department to discuss the denial. They may provide insights into what is needed to rectify the situation or confirm your eligibility.
4. Seek Legal Advice: If you believe the denial was unjust, consider consulting with an employment lawyer specifically handling FMLA cases. They can help you understand your rights and the legal options available to you.

Legal Steps to Take if Your FMLA Rights Are Violated

If you believe your FMLA rights have been violated, take prompt and decisive action. Here are the steps you should consider:

1. Consult an Experienced Employment Lawyer: Reach out to an employment lawyer who handles FMLA cases. Our trusted employment law team can provide clarity on your rights and guide you through the legal process.
2. Document Everything: Keep detailed records of all communications with your employer regarding FMLA leave. This includes emails, letters, and notes from any meetings or phone calls. Documentation serves as critical evidence if you decide to take legal action.
3. File a Complaint with the Department of Labor’s Wage and Hour Division: The Wage and Hour Division oversees FMLA enforcement. Filing a complaint can initiate an investigation into your employer’s actions.
4. Consider a Private Lawsuit: If necessary, you may pursue a private lawsuit against your employer. This legal action can help you seek justice and hold your employer accountable for any violations.
5. Act Within Time Limits: Be aware of the time limits for taking legal action. Typically, you have two years from the date of the violation to file a claim, although this can extend to three years for willful violations.

By following these steps, you can help create a fair and lawful work environment for everyone. At Capitol City Law Group, we are committed to defending your rights and ensuring justice. Our experienced employment lawyers are dedicated to improving job security in the workplace. We offer straightforward legal advice to help you understand your FMLA case, making sure your rights are upheld and you get the support you need during this challenging time. You can trust us to work towards the best outcome for your situation.

How Capitol City Law Group Can Assist with FMLA Issues

At Capitol City Law Group, we know that dealing with FMLA cases can be challenging and emotional. Our team of attorneys has over 30 years of combined experience in employment law, with a focus on FMLA issues. We are here to help ensure your rights are protected.

We are professional and understanding. We take the time to learn about your specific situation and offer clear legal advice and support. Whether you need assistance understanding your rights, applying for FMLA leave, or taking action against an employer, we are ready to help you every step of the way.

By choosing Capitol City Law Group, you benefit from our extensive knowledge and a team committed to achieving the best result for your case. We help you make informed decisions and safeguard your rights under the FMLA.

Contact Our Minnesota FMLA Attorneys

Denied your right to take leave? Don’t let your employer’s actions go unchallenged. Our dedicated Minneapolis Family Medical Leave Act attorneys are here to fight for your rights and ensure you receive the job protection and benefits you deserve under federal law. Whether you’re facing FMLA retaliation, need to request FMLA leave, or have experienced job loss due to unpaid leave, we are committed to providing the best possible outcome for your case. 

Schedule your free, no-obligation initial consultation by calling our FMLA lawyers in Minneapolis and St.Paul now at 651-877-6784.