Do you need to take time off of work to help a family member?

When Tennessee residents each leave home to go to work every day, many of us have to make sure that our kids get to school, or that family members with an illness are in the proper hands. However, even if everything is planned, things happen and sometimes we need to take off of work to help a family member in need. This happens to residents all across the country, including the ones right here in Tennessee. This is the main reason; the Family Medical Leave Act was drafted and became a law. This permits staff members of companies to take the time they need off of work and not be at risk of losing their current position. If you have questions or concerns about your FMLA or think you have an FMLA case, then it is very important to contact a Tennessee FMLA lawyer right away to assist you.

How is Family Leave Act Defined and who qualifies for it?

This is a federal law that was designed to permit staff members of businesses to take time off to help treat their own illnesses, the illnesses of family members or to provide care for children. This law does not permit a business or supervisor to take away job benefits or your position while on leave and helps to make sure you can return to them when your time off is over. The time off comes without pay unless the staff member has paid days off that they can use. It also can last for a total of twelve weeks. Beginning in 2008, members of the armed forces and their relatives were permitted to take time off for a total of twenty–six weeks to provide assistance to the person that is in the armed forces. Staff members who qualify for this time off may consist of:

• Staff members of a business with at least fifty people
• Been a staff member for a minimum of a year and performed a minimum of 1,250 hours in that year

You may qualify for time off under this law if you are:

• Needed to look after a new born child or children (including adopted and foster children)
• If your own illness means you cannot put in the efforts needed on the job
• If you are providing assistance to someone in the armed forces

How does FMLA define a severe medical problem?

According to FMLA a severe medical problem or illness is defined as a sickness (physical or mental) that involves needing help in the hospital, medical facility, long term care by a doctor or hospice care. The sickness or problem has to severe enough that you cannot put in the needed effort of your job. It also has to involve care that lasts for more than a couple days.

Will I lose my benefits if I take time off?

If you continue to keep up with your portion of what is due, you will still have your benefits even when you take time off. If you are more than a month late, your supervisor then has the right to suspend or stop your benefits when you are off of work. If your benefits get suspended or stop, you still might be able to recover them after returning to your job. If you decide not to return after your time off, then your supervisor has the right to get back the money they lost in benefits when you were off of work.

Will there be any changes to my position when I take time off?

Your company, according to FMLA laws, is obligated to give you your position back when you return or a position that offers the same pay and benefits. In certain cases though, the position you had may not be available anymore, because the business may have decided to let that position go. If this is the case, then you it is not within your FMLA rights to have that position returned to you. Vital staff members cannot return to their position if the businesses would greatly experience losses by allowing it. Finally, if a business notifies staff members before they take time off, then, that business does not have to keep that position open for the staff member when they return.

How must I inform my business about needing to take time off?

You must tell your boss or business about your need for time off a minimum of thirty days in advance, if you are aware of it. If you are unaware of the need for time off, you must tell your boss or business about it by the end of the following day of work. If your business has previously qualified you for FMLA, you must tell them that this time off has to do with the same severe medical problem or sickness, if you do not, you may not be able to return to work after taking time off. If your business properly notifies you about your FMLA rights, then you must complete a Certificate of Health Care Provider form and have it signed. This form may be asked for before taking time off, while you are taking time off, or after you return from taking time off. A boss or business must give you at least fifteen days to complete the form after they request it. This form is required to have updates on it and a boss or business must give you at least thirty days before requesting it from you unless the medical problem will continue for longer than a month and it has to state this on the form.

The form or certificate given to your boss or business has to say:

• When the sickness or wound started
• How long it will probably last
• Information about the problem or sickness
• That the staff member is needed to assist a family member or person in the armed forces

A boss or business must request the certificate when the staff member requests time off, or within so many days before the time off starts if the staff member was unaware of the need for it before hand. A boss has to tell the staff member about risks involved if they do not get the certificate. If your boss or business does not agree with the information on the certificate, they ask for a second opinion from your medical professional or from another person that both you and your boss choose.

Does my business have to tell me anything about my FMLA before I take time off?

Yes. A boss has to give you different types of information about your time off, they consist of:

• Putting up posters or giving each staff member a book of guidelines
• Telling a staff member if they qualify for leave
• Letting a staff member know if their time off request falls under FMLA
• A written notice given to a staff member who takes time off, stating what they are expected to do

What will be asked of me when I return from my time off?

You will be asked to provide a certificate from a doctor that says you are physically able to put in the effort needed on the job. Some bosses give staff members a list of work standards when they leave, if your boss did so, then the form also has to say that you can handle these responsibilities.

How can a FMLA lawyer help if I am concerned about my rights?

How can a FMLA Lawyer assist me if I am concerned about my rights?

If you are concerned that you qualify for FMLA but are not getting it, then you can contact the Tennessee Department of Labor and inform them. Also, you may tell a Tennessee FMLA attorney about your situation. They can assist you in getting your job back, compensation, or benefits. The attorneys at the Higgins Firm know how confusing and frustrating situations like this may be and we want to assist you and help to make sure you get the treatment that is rightfully yours.

You may contact us online or by phone at 855-529-3675 to speak with us about your legal options.