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Family and Medical Leave Act (FMLA)

Our Idaho Employment Attorneys understand and are experienced with the Family and Medical Leave Act, which is federal employment law that is commonly known as the FMLA. When a request is made under the FMLA an eligible employee is entitled to take unpaid, job-protected leave for specific family and for personal medical reasons including short term disabilities. We have assisted both employees and employers in the proper handling of FMLA requests and in resolving issues and claims that often arise.

Our Employment Lawyers in Idaho keep current with the FMLA and any changes or directive the Federal Department of Labor issues. Our clients receive the benefit of the decades of experience our Idaho Employment attorneys have in handling FMLA issues. Experienced and respected, our Employment Attorneys in Idaho include partner Lane Erickson and attorney Nolan Wittrock who have obtained the highest possible ratings from Martindale Hubbell, AVVO and JUSTIA for their experience, legal ability, and ethics. FMLA claims and issues can be complicated. More importantly, such claims are usually urgent due to the client’s health condition. We can help you with your FMLA claims. Below is some basic information that may help you with your FMLA claim.

Who Is Covered Under the FMLA?

The FMLA applies to all public agency employers. This includes all local, State, and Federal employers, and schools. Additionally, the FMLA applies to all private employers who employ 50 or more employees within a 75 mile radius for at least 20 workweeks in the current or preceding calendar year. For an employee to be covered they must have worked at least 1,250 hours (which is part time or more) for the employer within 12 months before FMLA leave is requested.

An employee who qualifies is entitled to take up to 12 weeks of leave for such things as the birth of a child; to care for the employee’s spouse, child, or parent who has a serious health condition; or when the employee themselves have a serious health condition that makes the employee unable to perform the essential functions of his or her job. In each of these areas our Idaho Employment Lawyers are experienced and can help. FMLA leave can be taken all at once or it can be intermittent during a 12-month period once the first leave is taken. Once the original 12 month period is concluded, the employee qualifies for a new 12-week period of FMLA leave.

Our Employment Lawyers in Idaho have advised and helped numerous employers and employees determine whether an employee is qualified for FMLA leave. We have also assisted both employers and employees in processing an FMLA leave request and in resolving FMLA issues and claims through litigation and settlement negotiations. Based on our experience and knowledge we enjoy helping our clients navigate through and comply with the FMLA laws and regulations. We are confident our Employment Attorneys in Idaho can help you with your FMLA questions, concerns and claims.

How Is an FMLA Request/Claim Resolved

When an eligible employee wants to use FMLA leave they are normally required to provide at least 30-days advance notice to the employer. This is when the need for FMLA leave is foreseeable such as having a planned surgery or other medical procedure for themselves or a family member. In circumstances where leave is not foreseeable the FMLA laws require the employee to provide notice as soon as is practicable. This is usually either the same or next business day. When the need for leave is an emergency, the employee must give notice to the employer as soon as is practicable under the particular facts and circumstances of the situation.

When an employee seeks FMLA leave, an employer can require that the need for leave be supported by a medical certification. An employer has the opportunity to let the employee know if it finds the medical certification is incomplete. This allows the employee an opportunity to fix the problem and get a complete medical certification. When this happened, the employer must put in writing a description of the additional information that is necessary. If an employer chooses, it can require a second or third medical opinion about the employee’s condition. When this happens the employer must pay for these additional medical examinations.

When an employee is ready to end their FMLA leave and return to work, the employer can require the employee to provide a medical certification that they are fit for work. This is often called a “fitness-for-duty” certification. This certification must state that the employee is able to perform the essential functions of the job.

When an employee returns to work from FMLA leave (whether after a block of leave or an instance of intermittent leave), the FMLA requires that the employer return the employee to the same job, or one that is equivalent. When an employer assigns an equivalent job, it must involve the same general work schedule, similar duties, responsibilities and status, and be equivalent in wages or pay. The pay requirement involves overtime and bonus opportunities. Additionally, all benefits must be the same as they were before the FMLA leave was taken.

Whether you are an employee or an employer, our Idaho Employment Attorneys are ready to help you. With their knowledge and experience, any concerns you have about FMLA eligibility, issues or claims can be resolved.

Enlist an Idaho Employment Law Attorney to Help You

The FMLA can be complicated. Our goal is to assist you with your FMLA concerns. WE can help you when you need it most. Whether you are an employer or an employee with an employment law problem we are available to discuss your options and answer your questions. Call us toll free at 877-232-6101 or 208-232-6101 for a free consultation with the Racine Olson team of Idaho Employment and Labor Law attorneys in Idaho. You can also email us directly at racine@racinelaw.net. We will answer your questions and help you solve your Idaho Employment and Labor Law problems.

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