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

About Me

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.


Latest Posts

5 Common Mistakes Businesses Make With FMLA Requests — And When To Get A Lawyer
17 April 2023

FMLA refers to the Family and Medical Leave Act, a

Do You Have A Binding Contract? 4 Elements That Create One
24 February 2023

Although the best practice in business is to have

When You Need to Consider Hiring an FMLA Lawyer
15 April 2022

FMLA is also known as the Family Medical Leave Act

When International Shippers Should Consider Hiring A Customs Attorney
11 April 2022

If you deal with international shipping, there are

Signs You Need to Seek Sexual Harassment Attorney Services
16 March 2021

Dating is prevalent in the workplace, and managing

5 Common Mistakes Businesses Make With FMLA Requests — And When To Get A Lawyer

FMLA refers to the Family and Medical Leave Act, a federal law that requires employers to provide their employees with unpaid leave for qualified medical or family reasons. Although the law provides many benefits to employees, there are a few common mistakes businesses make when dealing with FMLA requests. This can land you in hot water with the legal system, so it's important to abide by FMLA guidelines at all times. Review the five common mistakes businesses make with FMLA requests below so you know whether you may end up with an FMLA law case if you aren't careful.

1) Asking for Too Much Documentation

Health is a private matter, and many employees are hesitant to share too much about their conditions. Employers should not require employees to provide more documentation than necessary to prove their need for FMLA leave. A simple doctor's note is usually sufficient to justify a request for leave, and employers should not demand additional paperwork. That means it is unacceptable to ask for copies of lab reports, medical records, or other personal information.

2) Not Understanding the Eligibility Requirements for FMLA Leave

The FMLA law only applies to employers with 50 or more employees, and the employee must have worked for the company for at least one year. Also, the employee must have racked up at least 1,250 hours on the clock during those 12 months. There are also restrictions on how much leave can be taken in a given year. If an employer does not understand the eligibility requirements, they may want to speak with a business attorney who understands FMLA case law guidelines.

3) Attempting to Negotiate Terms

The FMLA law is set by the US Department of Labor, so it's not up to employers or employees to negotiate terms. Employers who attempt to negotiate FMLA lengths, requests for paid leave instead of unpaid leave, or other details could find themselves in legal trouble. Play it safe and follow the official guidelines established by the federal government.

4) Spreading Private Medical Information

When a worker requests an FMLA leave, any information that has been disclosed to the employer about an employee's health should remain confidential. If there is any suspicion that protected medical information was shared, the employer could face an FMLA lawsuit.

5) Denying Leave Requests Without Reviewing Them First

If an employee meets the eligibility requirements for FMLA leave, employers must review and consider requests for leave. Employers can deny a request if the employee does not meet the eligibility requirements or if the request is incomplete. However, employers should never deny a leave request outright without first giving it consideration.

FMLA guidelines can be confusing for some companies. If you need help, reach out to a business attorney with experience handling FMLA law case evaluations. 

Contact an FMLA lawyer, such as Allen D. Arnold Attorney at Law, to learn more.