FMLA FAQs

How does the Family and Medical Leave Act (FMLA) affect an Atlanta worker?

The FMLA is a federal law that requires many employers to allow eligible employees to take unpaid leave, generally up to 12 workweeks, with the assurance that their jobs or equivalent positions will be available to them upon their return. The FMLA also requires a covered employer to maintain an employee’s coverage under any group health plan on the same conditions that it would have been provided if the employee had not been on leave. This is a complex area of law that can cause tension between employers and employees. If you are working in the Atlanta region and have an issue related to the FMLA, you should contact an experienced employment discrimination lawyer at Mays and Kerr to discuss your rights and options.

Which employers are subject to the FMLA?

If an employer is a government agency or a large company, it is likely that this law will apply. The FMLA covers local, state, and federal government agencies and the public school system. It also applies to most employers in the private sector with 50 or more employees.

Who is eligible to take leave under the FMLA?

The employee must work for an employer who is covered by this law at a location with 50 or more employees within 75 miles to be eligible. The employee must have been employed by the employer for 12 months or longer and must have actually worked at least 1,250 hours during the previous 12 months. Vacation and paid time off do not count toward the hours worked.

Under what circumstances is an employee entitled to take FMLA leave?

Employees may take FMLA leave for the following reasons:

  • For a serious health condition that has made the employee unable to work;
  • For the birth, adoption, or foster care placement of a child, and to bond with the child;
  • To care for a spouse, parent, or child with a serious health condition; or
  • For certain situations related to military service.
  • Serious health conditions include illnesses that involve inpatient care or continuing treatment, as defined under the federal regulations.
Can an employer demand medical records to confirm the employee’s serious health condition?

No. An employer is not entitled to see the employee’s medical records. An employer may, however, request a medical certification. An employer usually can request a recertification at 30-day intervals. If the certification specifies a time period greater than 30 days, however, an employer cannot request a recertification until the specified time has passed or six months after the original certification, whichever comes first. There are exceptions that allow an employer to request recertification in less than 30 days if an employee requests additional leave, if there is a significant change in the circumstances described in the previous certification, or if the employer has reason to doubt the employee’s stated reason for leave or the validity of the certification.

How can I learn more about a FLMA issue in Georgia?

Without delay, you should contact a knowledgeable Georgia employment law attorney to advise you on any FMLA concerns you may have. The law firm of Mays & Kerr has experience in protecting employee rights and advising employers throughout a variety of areas. Our attorneys have the skills and dedication to help you. Call 1-877-986-5529 or complete our contact form to schedule an appointment at no cost to you.