Our Charleston FMLA Lawyers Can Help
In South Carolina, many employers must comply with the Family and Medical Leave Act (FMLA) which gives you the right, if eligible and for certain, to take unpaid leave with the right to get your job back.
At the Charlotte offices of the Hopkin’s Law Firm, we’ve helped clients who have lost their employment for missing time from their job for medical leave.
In South Carolina, employers who have 50 or more people in 20 or more work weeks in the current or proceeding calendar year, have to comply with FMLA.
HOW DO I KNOW IF I’M ELIGIBLE FOR FMLA IN SOUTH CAROLINA?
In South Carolina, you qualify for FMLA if:
You worked for your employer for at least a year and worked at least 1,250 hours.
You worked at a location with at least 50 employees within a 75- mile radius.
HOW MUCH TIME UNTDER FMLA CAN I TAKE FOR MEDICAL LEAVE IN SOUTH CAROLINA?
If you are eligible, you may take up to 12 weeks of leave in any 12-month period. This renews every 12 months as well.
It’s important to note that if you are caring for a family member who was injured while in active military duty, you may take up to 26-weeks in a 12-month period.
WHAT MEDICAL CONDITIONS QUALIFY UNDER FMLA IN SOUTH CAROLINA?
In South Carolina, if eligible, you can take time off under FMLA for such things as:
- Bond with Newborn Baby
- Recover from a serious Health Condition
- Take Care of a Family Member with a Serious Health Condition
- Take Care of Qualifying Emergencies arising out of a Family Member’s Military Service
- Take Care of Family Member who suffered Serious Injury during Active Duty in the Military
In order to use FMLA leave for a “serious health condition’, you must show that yourself or your family member has a illness, injury, physical or mental condition, or impairment and they are unable to work, go to school, or take care of other daily activities for more than three consecutive full calendar days and:
They require inpatient care like an overnight stay in the hospital, residential medical care facility, hospice.
Their care involves continuing treatment like tests to determine condition of health, evaluate or treat a condition, or therapy requiring special equipment.
It’s important to note, that serious medical conditions do not include such things as a common cold, flu, upset stomach, routine dental or orthopedic issues, routine physical, headaches that are not migraines, dental and eye exams.
HOW TO YOU REQUEST FMLA MEDICAL LEAVE IN SOUTH CAROLINA?
You are not required to do anything formal you only need to tell your employer you need time off for medical reasons. After you make the request, your South Carolina employer has the duty to notify you of the following things within 5 business days of your request:
Notice of Eligibility: Your South Carolina employer must state if you are eligible to take FMLA leave or have at least one reason why you are not eligible.
Written Designation Notice: Your South Carolina employer must tell you whether your leave will count against your FMLA leave
Rights and Responsibilities Notice: This notice must clearly state your right to the maintenance of benefits during your FMLA leave and the restoration to the same or equivalent job when you return to work. The notice must also detail your obligations during your medical leave and what happens if you fail to meet those obligations.
HOW CAN I MAKE A CLAIM FOR VIOLATION OF FMLA IN SOUTH CAROLINA?
If you believe your South Carolina employer violated FMLA you have the choice to:
- File a Complaint with the Secretary of Labor
- File a Private Lawsuit
WHAT DAMAGES CAN I RECOVER IF MY EMPLOYER VIOLATED FMLA IN SOUTH CAROLINA?
In South Carolina you don’t have any prerequisites before filing a lawsuit for violation of FMLA. If you decide to file a lawsuit against your South Carolina employer for violation of FMLA, you may be entitled to:
- Amount of Wages
- Employment Benefits
- Other Compensation Lost or Denied because of the Violation
- Actual Monetary Loss you Sustained as a Direct Result of the Violation
- Interest on Damages
- Equitable Relief that may include Reinstatement, Employment or Promotion
- Reasonable Attorney Costs and Fees of the Lawsuit
WHAT HAPPENS WHEN I’M READY TO RETURN TO WORK AFTER MEDICAL LEAVE IN SOUTH CAROLINA?
In South Carolina, your employer is required to restore you to the same or equivalent position with the same pay, benefits and working conditions when you return to work.
WHAT IF MY SOUTH CAROLINA EMPLOYER DENIES, INTERFERES, OR RETAILIATES ME FOR TAKING MEDICAL LEAVE UNDER FMLA?
If your South Carolina employer interferes with your rights or denied your FMLA, you must be able to show:
- You were Eligible Under FMLA
- Your Employer was subject to FMLA
- You were Entitled to FMLA Leave
- You gave your Employer Notice of you Intention to take Leave
- Your Employer Denied you the Benefit You Were Entitled To
YOUR SOUTH CAROLINA FMLA LAWYER FOR FMLA VIOLATIONS
If you have any questions or concerns regarding FMLA leave in South Carolina, Hopkin’s Law Firm is very knowledgeable about the complexity of FMLA so we can best assist you. It is always a good idea for you to keep copies of all paperwork you submitted to your South Carolina employer and also any paperwork you received from your employer. We will need to review all FMLA paperwork in order to properly evaluate your case.
If you believe your South Carolina employer has violated your rights under FMLA, please contact the Charlotte FMLA violation lawyers at the Hopkin’s Law Firm. We will explain all of your rights under the law, and what steps you may want to take next. We want to help you protect your rights and your job.Schedule Your Free Consultation
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Contact Hopkins Law Firm, LLC, at 843-894-2377. If you would like more information about your specific case, you can meet with an attorney from our Charleston team. We will listen to your story, let you know what we can do, and how we can help. You may also email us with a detailed description of your case and we will reach back out to you. We are your local attorneys and we are here to help.