Plus years representing employees
Our Charlotte Employee Rights Attorneys Handle All Types of FMLA Claims
At Strianese Huckert LLP, our Charlotte Family Medical Leave Act (FMLA) lawyers have the professional skills and legal expertise that you can rely on. Our legal team is committed to protecting the rights and interests of employees. If you have any specific questions or concerns about the FMLA, we are here as a resource. Contact our Charlotte law office today for a completely confidential, no obligation consultation with a top North Carolina FMLA attorney.
What is the Family Medical Leave Act (FMLA)?
The Family Medical Leave Act (FMLA) is a federal law enacted that is designed to provide job-protected leave to certain workers who have a family or medical emergency. More specifically, the law entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons, such as the birth of a child or the care of a seriously ill spouse.
Note: Some jurisdictions have their own state-level family and medical leave law in place. That being said, North Carolina is not one of them. For workers in North Carolina, their family and medical leave rights are derived from federal law.
Who is Covered By the FMLA in North Carolina?
It is important to emphasize that not all employees in Charlotte or elsewhere in North Carolina are covered by the FMLA. Quite the contrary, certain requirements must be met in order for a worker to qualify for coverage under the federal statute. The following four criteria must be met:
- Work for a Reasonably Large Employer: Only employers with at least 50 employees who work at least 20 workweeks during the year are required to comply with the FMLA.
- Work at an Employer With Enough Nearby Co-Workers: For a worker to be covered by the FMLA, they must also work at a location with 50 employees within 75 miles.
- A Minimum of 12 Months at the Company: An employee in North Carolina may be covered by the FMLA if they have worked at their employer for at least 12 months.
- A Minimum of 1,250 Hours Within the Last Year: Finally, an employee must have worked a minimum of 1,250 hours within the previous 12 months to have FMLA rights.
Eligible Workers Can Take Up to 12 Weeks of Unpaid Leave
Eligible workers under the Family Medical Leave Act (FMLA) have the right to take up to 12 weeks of unpaid leave within a 12-month period. Notably, this provision is designed to assist employees in balancing work demands with significant personal or family health-related events. Some examples of circumstances that may qualify for FMLA leave include:
- The birth of a child;
- The adoption of a child;
- An employee’s own serious health condition; and
- An immediate family member’s serious health condition.
Key Protection: While an employee is on FMLA, employers must continue to provide the same health insurance benefits as if the employee was still working.
North Carolina Employers May Not Retaliate Against a Worker for Exercising FMLA Rights
In North Carolina, employers are strictly prohibited from retaliating against employees for exercising their rights under the FMLA. Employees who take FMLA-protected leave cannot be demoted, disciplined, fired, or subjected to any discriminatory actions due to their exercise of FMLA rights. Such retaliation is illegal—and affected workers have legal recourse. If you or your loved one was terminated or otherwise punished for exercising rights under the FMLA, contact our top Charlotte, NC retaliation attorney for immediate help.
Why Rely On Strianese Huckert LLP for Your FMLA Claim in North Carolina
FMLA cases can be complex. At Strianese Huckert LLP, we are committed to protecting the rights and interests of employees who are dealing with family and/or medical emergencies. You do not have to navigate the legal process alone. When you contact our Charlotte law office, you will have a chance to connect with a North Carolina employment law attorney who can:
- Listen to your story and answer questions about the Family and Medical Leave Act;
- Investigate your case—gathering relevant documents, records, and information; and
- Take legal action to protect your rights and help you secure the best outcome.
Contact Our Charlotte, NC Family Medical Leave Act Attorney Today
At Strianese Huckert LLP, our Charlotte employment law attorneys have extensive experience handling FMLA claims. If you have any specific questions or concerns about your right to family leave and/or medical leave, we are here to help. Contact us today to set up your strictly confidential initial consultation. From our law office in Charlotte, we handle FMLA claims in Mecklenburg County and throughout North Carolina.
