The Many Duties of a Business AttorneyThe Many Duties of a Business Attorney

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The Many Duties of a Business Attorney

If you own a business, you may be under the assumption that business attorneys are only necessary when you have a legal case against you. Business attorneys do settle legal claims, but they also do so much more. We aren't attorneys but we have done research to learn about the job description of a business attorney. We learned so much more than we expected to and we wanted to share this knowledge with others. The posts we've written on this blog describe many of the duties of a business attorney, such as regulation compliance, taxation and contract negotiation. We hope that as a business owner, you'll realize the many ways that a business attorney can assist you with legal issues surrounding your business.


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When You Need to Consider Hiring an FMLA Lawyer

FMLA is also known as the Family Medical Leave Act. It is designed to ensure that employees can take leave from work for medical conditions and flare-ups of chronic conditions and still return to work. This act can help ensure there is a job for the employee when they are able to physically return to work. There are times when an employee's FMLA may be denied. This denial violates the act itself. If you feel this is the case with your situation, here are some circumstances in which you should consider hiring an FMLA lawyer

Notice Requirements

When you suffer from chronic illness or health concerns, you may not know when a flare-up of those conditions can happen. In many cases, this flare-up can happen suddenly and cause extreme pain or discomfort. These flare-ups can lead to the need to miss work or to have a treatment service provided by your doctor. You will need to give your employer 30 days notice. This should include what the issue is and why the leave is necessary. However, if you have given 30 days notice of the leave you need and your employer denies it stating they required more notice, then you may need to visit a lawyer. 

Work Attendance

In order to use FMLA for your illness or your leave requirement, you must work for the company for at least 12 months. This is 12 calendar months. The issue with this comes in when you are relying on your employer to count the time frame and ensure you meet the requirement. If your employer states that you do not meet the requirements, make sure to double-check against your own attendance logs or your paychecks. If you find you have proof of employment for the minimum required time and the HR department still denies your FMLA claim, contact your FMLA lawyer. 

Loss of Benefits During Leave

One of the issues you may have will not deal with obtaining your leave. It may deal with what happens while you are on that leave. For example, you may find that you have a loss of benefits during leave. The major loss of business can be your insurance coverage or other related health benefits. If this is the case, you will need to contact your lawyer. According to the FMLA, you should not have a loss of benefits while on granted FMLA leave. 

These are just a few of the situations that may lead you to consider hiring an FMLA lawyer. If you find you do need a lawyer, make sure you schedule a consultation. You will need certain paperwork to prove your case to your lawyer and show the violations your employer has made by denying your FMLA. Your lawyer will tell you if you need further information during your consultation appointment.