The U.S. Department of Labor Expands Employees that Qualify for the Family Medical Leave Act

Some times in our lives especially as parents or legal guardians or even caregivers for children, we need to take time off of work to care for sick or severely ill loved ones because they cannot do so by themselves. This happens to Tennessee workers as well as workers across the country. This is why the Family Medical Leave Act was created to allow qualified employees to take time off up to twelve weeks without fear of losing their jobs. If you or someone you care about feel you qualify for this time, but are denied the leave, you may want to consider contacting a Tennessee FMLA Attorney right away. They will help you get the time you need for yourself and your loved ones.

The Family Medical Leave Act also allows certain employees leave if they are standing in place of a parent or guardian. In these cases, the caregiver and child do not have to be biologically related. Previously, these cases had to be that the caregiver provided day to day care and supported the child financially. However, now, only one or the other has to hold true for an employee to qualify for leave.

This interpretation of the act will lead more people to be able to qualify for this leave. This also means that employers will have to be more careful about how they handle employees who do not have a traditional parent-child situation and decide whether or not they will qualify for the leave. An employer can require “reasonable documentation” of the family relationship but the employer should still be careful so they can avoid being accused of denying leave for an employee.

The Family Medical Leave Act is put in place to help parents and guardians and their families adjust to certain lifestyle changes and be there for each other during times of illness and medical emergencies. If you or a loved one feel that you qualify for this leave but are denied it by your employer, you should contact a Tennessee FMLA lawyer immediately. We will hear your case and help you get the care and treatment you are entitled to. Contact our Nashville law office online or call 800.705.2121.

Author Bio

Jim Higgins, founder of the Higgins Firm, is a seasoned personal injury attorney with deep roots in Nashville, Tennessee. A 4th generation Nashvillian, Jim carries on the legal legacy of his father, a judge for over 30 years. After graduating from the University of Memphis School of Law, Jim’s career began on the other side of the courtroom, defending insurance companies and learning their tactics for minimizing settlements. However, he soon realized his true calling was fighting for the rights of the injured, and for the past several years, he has exclusively represented plaintiffs in personal injury cases.

Since then, his dedication and skill have earned him membership in the prestigious Million Dollar Advocates Forum, an organization limited to attorneys who have secured million and multi-million dollar verdicts and settlements for their clients. Licensed to practice in Tennessee, Kentucky, and Georgia, Jim focuses on personal injury, product liability, medical malpractice, and workers’ compensation cases. His exceptional work has been recognized by his peers, earning him a spot on the Super Lawyers list from 2021 to 2024, a distinction awarded to only a select group of accomplished attorneys in each state.

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