Atlanta Family and Medical Leave Act Attorney

Expert Family and Medical Leave Act Dispute Lawyers In Atlanta, Georgia

In the bustling city of Atlanta, where work-life balance often feels like a tightrope walk, the Family and Medical Leave Act (FMLA) serves as a critical safety net for employees facing health challenges or family responsibilities. Enacted in 1993, the FMLA provides eligible workers with up to 12 weeks of unpaid, job-protected leave per year for specific medical and family reasons. However, navigating FMLA claims can be complex, especially when employers deny requests, retaliate against employees, or fail to comply with the law. That’s where an experienced Atlanta Family and Medical Leave Act attorney comes in. At Weiner & Sand LLC, we specialize in employment law, including FMLA matters, helping Georgians protect their rights and secure the leave they deserve.

As a nationally recognized firm based in Atlanta, Georgia, we have over two decades of exclusive focus on employment and consumer rights. Our attorneys, Andrew Weiner and Jeff Sand, both graduates of top law schools with years at prestigious firms, bring unmatched expertise to FMLA cases. We understand the nuances of federal employment laws like the FMLA, as well as intersecting state regulations under Georgia law. Whether you’re dealing with a denied leave for your own serious health condition, caring for a family member, or welcoming a new child, our team is committed to fighting for you. Other firms often refer their difficult cases to us because of our proven track record in handling intricate employment disputes.

Understanding the Family and Medical Leave Act

The FMLA applies to employers with 50 or more employees within a 75-mile radius, and eligibility requires employees to have worked at least 12 months (not necessarily consecutive) and 1,250 hours in the past year. Covered reasons for leave include:

• Personal Health Issues: Serious health conditions that make you unable to perform your job, such as chronic illnesses, surgeries, or ongoing treatments.
• Family Care: Caring for a spouse, child, or parent with a serious health condition.
• Parental Leave: Bonding with a newborn, newly adopted child, or foster child.
• Military-Related Leave: Up to 26 weeks for caring for a covered service member with a serious injury or illness, or for qualifying exigencies related to a family member’s active duty.

During FMLA leave, employers must maintain your group health benefits and restore you to the same or an equivalent position upon return. However, violations are common. In Atlanta’s competitive job market—spanning industries like healthcare, tech, and logistics—employees often face pushback. For instance, an employer might incorrectly classify your condition as non-serious, demand excessive medical documentation, or subtly retaliate through demotions or unfavorable shifts.

At Weiner & Sand LLC, we educate clients on these rights. Many employees don’t realize that intermittent leave (e.g., for ongoing treatments like chemotherapy) is protected, or that FMLA can intersect with other laws like the Americans with Disabilities Act (ADA) for reasonable accommodations. Our attorneys meticulously review your case to identify violations, ensuring you receive all entitled protections.

Common FMLA Violations and How We Address Them

FMLA disputes often arise from misunderstandings or intentional non-compliance. Common issues include:

• Denial of Leave: Employers may wrongfully deny requests by claiming ineligibility or insufficient notice. We gather evidence, such as medical records and employment history, to challenge these denials.
• Retaliation and Interference: Firing, disciplining, or harassing employees for taking FMLA leave is illegal. Our firm has successfully litigated retaliation claims, securing settlements and judgments for affected workers.
• Failure to Restore Position: Returning employees might find their roles diminished or eliminated. We advocate for reinstatement and compensation for lost wages or benefits.
• Inadequate Notice: Employers must inform employees of their FMLA rights; failure to do so can lead to liability.

In Georgia, where state law doesn’t provide additional paid leave beyond federal requirements, FMLA is often the primary safeguard. Weiner & Sand LLC has handled numerous FMLA cases, including those overlapping with wage disputes under the Fair Labor Standards Act (FLSA). For example, our fair labor standards act lawyers in Atlanta secured settlements in FLSA actions involving overtime denials during medical leaves, demonstrating our holistic approach to employment law.

Our promise to clients sets us apart. We fight vigorously, value your input, and provide all necessary information transparently. Phone calls and emails are returned promptly, and we prioritize your best interests. Unlike larger firms where cases might be delegated to paralegals, you’ll work directly with an attorney—ensuring personalized, expert handling. Plus, we operate on a contingency fee basis, meaning no attorneys’ fees until we succeed. This aligns our incentives with yours, as court costs and expenses are typically client responsibilities, but we only win when you do.

Why Weiner & Sand LLC Stands Out in Atlanta

What makes Weiner & Sand LLC the go-to Atlanta Family and Medical Leave Act attorney? Our national reputation in consumer and employment law extends to FMLA expertise. We’ve litigated against major corporations, achieving results like a $159,154.60 judgment in an FLSA overtime and retaliation case, and multi-million-dollar settlements for misclassified workers. Clients rave about our support: “Jeff was exceptional! He took the time to listen and help me understand,” says Jim C. in a Google review. Another client, S. Henderson, notes how we resolved a devastating background check issue during the pandemic, highlighting our professionalism.

Memberships in the Georgia State Bar, National Employment Lawyers Association (NELA), and New York State Bar Association, along with Super Lawyers recognition and features in Georgia Trend, underscore our authoritativeness. We promise to spend as much time as needed, understanding you’re more than just a case.

Contact Us Today!

If you’re in Atlanta and suspect an FMLA violation—perhaps your leave was denied after a family emergency or you’re facing retaliation post-recovery—don’t navigate this alone. Contact Weiner & Sand LLC today for a free consultation. We’ll discuss your concerns confidentially, explain your options, and determine if you have viable claims. Reach us via our online form or call our Atlanta office. With our commitment to excellence, you can trust us to protect your rights under the Family and Medical Leave Act.