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David G. Schiller, Attorney at Law

Raleigh Employment Law and Litigation Attorney

  • 304 E. Jones St., Raleigh, NC 27601
  • 919-789-4677
  • Employment Law
    • Discrimination
    • Equal Pay
    • ERISA
    • FMLA
    • Non-competition Agreements
    • REDA
    • Retaliation
    • Retirement Benefits
    • Sexual Harassment
    • Social Security Disability
    • State Employees
    • Unemployment Benefits
    • Unpaid Wages
    • Whistleblower
    • Workers’ Compensation
    • Wrongful Discharge
  • Litigation
    • Class Actions
    • Deceptive Trade Practices
    • Defective Products
    • False Claims Act
    • Personal Injury
  • Contact
    • Contact Form – Employment
    • Contact Form – State Employees
  • Bio

Family and Medical Leave Act

David G. Schiller represents North Carolina employees in a wide range of employment law cases — including the Family and Medical Leave Act (FMLA).

Purpose

The primary purpose of the FMLA is “to entitle employees to take reasonable leave for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse, or parent who has a serious medical condition. . .”

Benefit to the Employee

An eligible employee is entitled to a total of 12 workweeks of leave during any 12-month period for one or more of the following reasons:

(1) because of the birth of a son or daughter of the employee;
(2) because of the placement of a son or daughter with the employee for adoption or foster care;
(3) in order to care for the spouse, or a son, daughter or parent of the employee if such son, daughter or parent has a serious health condition;
(4) because of a serious health condition that makes the employee unable to perform the functions of the position of such employee.

Employee Eligibility

An eligible employee is “an employee who has been employed (i) for at least 12 months . . . ; and (ii) for at least 1,250 hours of service with [the] employer during the previous 12-month period.”

An eligible employee does not include some federal employees or “any employee of an employer who is employed at a worksite at which such employer employs less than 50 employees if the total number of employees employed by that employer within 75 miles of that worksite is less than 50.”

Serious Health Condition

A “serious health condition” is “an illness, injury, impairment, or physical or mental condition that involves – (A) inpatient care in a hospital, hospice; or residential medical care facility; or (B) continuing treatment by a health care provider.”

The employer may require the employee to provide a medical documentation from a health care provider before approving the employee’s leave.

An employee is unable to perform the functions of the position “where the health care provider finds that the employee is unable to work at all or is unable to perform any on of the essential functions of the employee’s position within the meaning of the Americans with Disabilities Act [ADA].”

Any employee who returns from FLMA leave is entitled to (1) to be restored by the employer to the position of employment held by the employee when the leave commenced; or (2) to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.” There are, however, exceptions for certain “key employees.”

It is unlawful for an employer to interfere with, restrain, or deny the employee from exercising or the attempt to exercising any right under the FMLA. Also, it is “unlawful for any employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful” by the FMLA.

Contact Us • Statewide Representation

You are welcome to contact us regarding your employment law issue.

Please complete our employment law contact form so that we can assist you with your employment issue.

If you have any employment issue with an agency of the State of North Carolina (e.g. Department of Transportation)., please use the State employee contact form.

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Employment Law

  • Discrimination
  • Equal Pay
  • Employee Retirement Income Security Act (ERISA)
  • Family and Medical Leave Act
  • Non-competition Agreements
  • REDA
  • Retaliation
  • Retirement Benefits
  • Sexual Harassment
  • Social Security Disability
  • State Employees
  • Unemployment Benefits
  • Unpaid Wages
  • Whistleblower
  • Workers' Compensation
  • Wrongful Discharge
  • North Carolina Employment Security Act

Litigation

  • Class Actions
  • Deceptive Trade Practices
  • Defective Products
  • Personal Injury
  • False Claims Act

The Office

The office is conveniently located in downtown Raleigh across from the Governor’s Mansion, with parking available on the street and in the lot behind the building.

304 East Jones Street
Raleigh, NC 27601

Attorney David G. Schiller is licensed to practice law in North Carolina. Attorney Schiller provides the information on these pages as a public service. Information contained in these pages is not intended as, and should not be taken as, legal advice. The use of the information provided in these pages should not be taken as establishing any contractual or other form of attorney-client relationship between Attorney Schiller and the reader or user of this information. Every case that the firm describes on this website was based on its unique facts. These results do not predict outcome in future cases.

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  • 304 E. Jones St., Raleigh, NC 27601
  • 919-789-4677
  • Employment Law
  • Litigation
  • Contact
  • Bio