Family And Medical Leave Act (FMLA) Lawyers Serving Georgia

Understanding the Family and Medical Leave Act (FMLA) is often difficult when also facing a serious health condition or caring for a loved one. While federal law protects your job and benefits, some employers deny requests, interfere with leave, or engage in illegal retaliation. Relying on an HR department’s interpretation of these laws may be insufficient when your livelihood is at risk. Legal counsel helps you uphold your rights, meet strict deadlines, and challenge discriminatory actions so you can focus on your family.

At The Kirby G. Smith Law Firm, LLC, we advocate for employees in Atlanta and throughout Georgia. Our firm focuses on labor and employment law, including FMLA disputes, wrongful termination and workplace discrimination cases. Because the power dynamic between an employee and a corporation is often unbalanced, we provide representation aimed at leveling the playing field. Kirby G. Smith, an active member of the State Bar of Georgia since 2010, leads our team in holding employers accountable while seeking all available compensation and remedies.

What Is Available Under FMLA?

Federal family leave rules ensure that qualifying employees receive as many as 12 weeks of job-protected, unpaid time off each year. You do not have to use this leave all at once; you may break this leave into blocks of time, known as intermittent leave, for medical reasons. Intermittent leave for the birth or adoption of a child typically requires employer approval. Employers may also permit you to use accrued paid leave in place of unpaid FMLA leave.

If a medical situation affects you or an immediate family member, FMLA often provides the only means to address the issue while maintaining your employment. Upon your return, your employer must treat you no differently than before you took leave. If your treatment changes after you return, consider speaking to a lawyer.

How Do You Apply For FMLA?

We generally do not recommend hiring an attorney to handle a standard FMLA application. Since federal law establishes no official forms or specific language for a request, you may simply notify your employer of your need for leave. However, if you apply for leave at a later date for the same condition, you must mention the specific condition or the FMLA.

While you do not have to provide medical evidence the moment you make a request, your employer will likely require documentation and grant you 15 calendar days to provide it. Because some medical offices use third-party services that take longer than 15 days to process records, gather your medical documentation immediately. Your employer may also require you to recertify your reason for leave every 30 days. If your employer demands unreasonable documentation or imposes impossible deadlines, discuss the situation with an FMLA lawyer to determine your legal options.

When Should You Apply For FMLA?

For foreseeable leave, such as a planned surgery or birth, you should give 30 days’ notice. For emergencies, give notice as soon as possible.

What Do You Do If Your Employer Denied Your FMLA Or Retaliated?

The FMLA prohibits employers from interfering with your rights or retaliating against you for exercising them. While these cases generally follow the framework of a discriminatory retaliation claim, some require fewer legal elements to succeed. If an employer denies your leave or retaliates, you generally have two years from the date of the violation to file a claim. If the employer willfully violates the law, this deadline extends to three years.

The strength of your claim and available damages — including back pay, front pay, or liquidated damages — depend on the circumstances of your case. If your employer denied your request or treated you differently after you used leave, contact our FMLA lawyers for a free case evaluation.

Contact Our FMLA Law Team Today

If your employer infringed upon your FMLA rights, do not wait for the situation to worsen. At The Kirby G. Smith Law Firm, LLC, we offer a free initial consultation to help you understand your legal options. Whether you face a denied leave request or unfair treatment after returning to work, our attorneys advocate for you. Call our firm at 770-892-6019 or use our contact form to request your free consultation.