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Determining FMLA Eligibility in Atlanta

Experienced Counsel For All of Georgia

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with the right to take job-protected time off of work for certain circumstances and/or medical conditions.

While the FMLA can grant workers some powerful protections, there are important things to bear in mind:

  • Not every employee is covered by the FMLA.
  • Not every employer abides by the FMLA.

If you believe your rights were violated by an employer, our Atlanta FMLA attorneys can help you to assert your FMLA rights, hold your employer accountable, and obtain the justice and compensation you may deserve.

Who Is Covered By the FMLA?

Any employer that has 50 or more employees who work within a 75-mile radius of that employer's workplace will be required to abide by the Family and Medical Leave Act. However, just because an employer must comply with the FMLA does not mean that every employee of that covered employer will qualify for FMLA protections.

For employees to qualify for FMLA, they must:

  • Have worked for the covered employer for at least one year
  • Have worked at least 1,250 hours during the previous 12 months

Qualified Employees' Rights Under the FMLA

When employees are covered by the FMLA, they will have the right to take job-protected leave from work for:

  • Pregnancy and/or the birth of a child
  • Adoption and/or foster care placement of a child
  • Treating their own serious health complications
  • Treating a family member's serious health complications
  • Qualifying circumstances related to deployment (of a family member) and/or a family member's illness related to military service

Leaves granted by the FMLA can be up to 12 weeks long, and this time/leave can be broken up, meaning that the 12 weeks does not have to be taken all at once.

FMLA Violations: How Employers May Violate Your FMLA Rights

When employees' FMLA rights are violated, these violations can come in many forms. some common examples include employers:

  • Firing or demoting workers for trying to take leaves from work
  • Failing to hold workers' jobs open for them and/or return workers to similar positions when they come back from leaves
  • Postponing reinstatement
  • Misclassifying workers as “key employees” to try to deprive them of FMLA protections

Call Barrett & Farahany Today

Has your employer violated your rights under the FMLA? If so, it's time to take action with the help of our experienced FMLA lawyers in Atlanta.

At Barrett & Farahany, we are committed to being aggressive advocates for our clients' rights and to:

  • Providing them with personalized, responsive legal service
  • Keeping them informed about the progress of their cases
  • Helping them obtain the best possible resolutions.


When you reach out to us, you will receive a complimentary consultation with one of our skilled Atlanta employment attorneys. During our initial consultation with you, we can help you to better understand your rights and will work with you to determine what course of action is in your best interest. We take great pride in providing assistance based on years of experience negotiating and litigating employment matters to protect employee interests. If you find yourself in need of dedicated legal representation, we are prepared to advocate on your behalf – our goal is always to protect employee victims of harassment, discrimination, and retaliation.