The Family and Medical Leave Act (FMLA) can be complicated, but the FMLA retaliation lawyers at the Horton Law Firm can help you navigate the FMLA process or provide legal options for holding companies accountable for violations of the FMLA.

For South Carolina employees, serious medical conditions can make working difficult or even impossible for a period of time. An employee may need time off for doctor’s visits, mental health days, or healing time after an injury or surgery. The Family and Medical Leave Act (FMLA) provides for medical leave of this kind under certain circumstances.

Who Qualifies for Protected FMLA Leave in South Carolina?

Not all employees in South Carolina will qualify for FMLA leave. Only companies with at least 50 employees within a 75 mile radius are obligated to provide FMLA leave to qualified employees.

For the employee to be eligible for FMLA leave, the employee must have been employed for at least a year at the time the leave is needed, and the employee must have worked at least 1,250 hours during that year.

How Much Protected Leave is Provided under the FMLA?

If the employee meets that standard, then the FMLA offers employees up to 12 weeks of protected unpaid leave. That means that an employee, after taking leave, must be returned to their same or similar job position.

The leave is unpaid, which means that the employee is often required to exhaust any accrued PTO or vacation time first, and then any leave after that will be unpaid.

The FMLA leave can be structured as continuous leave (for several days, weeks, or months at time, such as for a hospital admission or a surgery and recovery) or intermittent leave (taken as needed for a few hours or days at a time, like for doctor’s appointments, therapy, or flare-ups of medical conditions). The FMLA also provides for a reduced schedule as a form of FMLA leave.

Interference Claims under the FMLA

The FMLA also protects against an employer interfering with an employee’s right to access and receive FMLA leave.

Once a company is aware that an employee has asked for or needs FMLA leave, then the company is obligated to provide certain information and paperwork to the employee about FMLA rights and the steps for taking leave under the FMLA.

Retaliation for Requesting or Taking FMLA Leave

Likewise, the company cannot retaliate against an employee for requesting or taking FMLA leave. The most common form of retaliation in an FMLA case is where an employee asks for leave and then is immediately terminated, suspended, or demoted for pretextual (made up) reasons. If a company unlawfully retaliates against an employee who seeks or receives FMLA leave, then the employee would have a legal claim against the company for retaliation.

If your company is interfering with your FMLA rights or if you have been retaliated against for receiving FMLA leave, then you should speak with an FMLA retaliation lawyer immediately.