Charlotte Family and Medical Leave Act Lawyer

Charlotte Attorneys Helping You Understand Your Rights Under The FMLA

It may not always be convenient, especially for employers, but under the Family and Medical Leave Act (FMLA), companies with 50 or more employees are required to provide unpaid leave to employees seeking time off to care for themselves or their families. For help making sense of your rights and responsibilities under FMLA, it is in your best interests to speak to an experienced Charlotte FMLA lawyer.

At Maloney Law & Associates, PLLC, in Charlotte, we have extensive experience with the FMLA. We know what it takes to achieve results for our clients.

For legal solutions that meet your needs and make sense for you, call 704-323-8961 or toll free at 888-321-1955. We look forward to helping you.

THE FMLA EXPLAINED

The Family and Medical Leave Act (FMLA) is a federal law passed in 1993 designed to give workers the legal rights and protections to take time off work to deal with specific medical and parental issues. While employers in Charlotte, North Carolina may have different protocols for dealing with vacation time, time off, and sick leave, the FMLA covers all eligible workers who present any of the following circumstances:

• Birth of a child
• Recently adopted or fostered child
• Caring for a member of one’s family or loved one with an illness
• Employee injury or illness

Under qualifying circumstances, employees can also take an unpaid leave whenever an active-duty military family member receives a notice of deployment.

Qualifying Conditions

In North Carolina, only employers with 50 or more workers must comply with the federal requirements under the FMLA. Generally, qualifying employees must also meet the following criteria:

• Must have been employed there for 12 months or more prior
• Must have logged a minimum of 1,250 worked hours with the employer in the previous 12 months

Employees who satisfy the FMLA requirements may take 12 weeks of uninterrupted time off within 12 months without facing workplace retaliation. Additionally, employers are required to maintain all health coverage benefits during this period.

What Are The Rules For FMLA in North Carolina?

The rules are simple. If you need to leave your job to take care of yourself or a family member, employers are required to provide you with unpaid leave and reserve your position or a comparable position until your return. Employers are not allowed to create a hostile environment to discourage you from taking leave or retaliate against you for taking leave.

For employers, we provide sound legal counsel, helping them stay in compliance with the rules and regulations of FMLA. It is important to make sure you are addressing the rights of your employees as you balance their needs with those of your business.

If you are an employee, you can trust us to protect your rights when taking leave under the FMLA, whether it’s related to pregnancy, maternity or paternity leave, to care for a family member, or for your own medical leave without fearing discrimination or wrongful termination as a result.

ADDITIONAL PROTECTIONS IN NORTH CAROLINA

While every state has to comply with the baseline FMLA laws, many have also expanded protections to cover extra needs. In North Carolina, workers may also take FMLA for these purposes:

• Domestic violence: Whenever an individual becomes the victim of domestic violence, North Carolina employers must allow workers to take a leave to seek relief. This allows victims to file for a protective order in court and engage in any additional healthcare, legal, or personal-related matters without jeopardizing their employment status.
• School leave: Whenever an employer is the parent or guardian of a child, North Carolina state law allows up to four hours of leave per year to attend any combination of school activities. Employers may require a 48-hour notice and written verification from the child’s school.

FAQs About North Carolina Family and Medical Leave Act

What Are the Three Major Limitations of the Family and Medical Leave Act?

While the Family and Medical Leave Act offers protection for families, it does have limitations. The three major ones are:

1. Coverage: The FMLA applies to employers with 50 workers or more in a 75-mile radius. This often leaves workers at smaller companies without protections.
2. Eligibility: Workers must have worked 12 months or more and 1,250 hours to be eligible.
3. No pay: While job security is protected, the FMLA does not require wages to be paid.

Can You Be Terminated While on FMLA in North Carolina?

Yes, employees may be terminated while on unpaid leave. However, they cannot be fired for taking or requesting time off under the FMLA. Generally, employees can receive up to twelve weeks of unpaid leave. The employer must protect the employee’s job during this leave. Health insurance must stay in effect, and any employee who is out sick during an FMLA leave cannot be fired.

What Is the NC Paid Family Leave Law?

In North Carolina, qualifying employees who work for the State are allowed up to eight weeks of paid parental leave. This law only applies to full-time and part-time State of North Carolina employees.

Can I Take FMLA and Then Quit?

Yes, you can quit right after taking FMLA. This leave doesn’t require you to return to your employer at the end of the leave, nor does it require you to offer a two-week notice.

Skilled Charlotte Family and Medical Leave Act Lawyers

Regardless of your case, a Charlotte Family and Medical Leave Act attorney can protect you and ensure you understand every step of the process. Maloney Law & Associates, PLLC treats each case as the unique situation it is, and we are determined to find the most optimal outcome for your case.