FMLA Violations

The Family and Medical Leave Act (FMLA) provides broad protection for employees who are sick and unable to work. These laws also protect employees who wish to take time off from work to care for a family member.

Employment lawyers  represent people who have been denied leave by their employers or who have experienced retaliation for taking leave. It is illegal for your employer to deny your request for FMLA leave if you are eligible, or to retaliate against you for using FMLA, and is our job to right those wrongs if they have happened to you. This most often involves seeking compensation from your employer.

When Can I Take Family or Medical Leave?

Employees who have worked 1,250 hours in the preceding year are eligible for FMLA if the employer has at least 50 employees within a 75-mile radius of the office where you work (counting the number of employees in your office as well). Any illness or injury that qualifies as a serious health condition allows you to take leave under FMLA. A serious health condition is defined quite broadly – you do not have to be disabled. Severe morning sickness due to pregnancy, almost all medical conditions requiring hospitalization, and anxiety and depression are just some examples of ways you may qualify for FMLA. You can also take leave to care for a family member with a serious health condition. Family member is also defined broadly and includes parents, grandparents, siblings, adopted children and stepchildren as well as immediate family. You may take up to 12 weeks of leave in a 12-month period. It can be consecutive but it does not have to be.

Return To Your Previous Position

When you return from your Family and Medical Leave, your employer must put you back into the same position you held prior to your leave, or to a position that is equivalent in all material respects.

Retaliation Prohibited

An employer is prohibited from taking any adverse employment action against an employee because he or she has taken leave under the Family and Medical Leave Act.

Remedies For An FMLA Violation

If your employer fails to comply with the requirements of the FMLA, either by interfering with your leave rights or by retaliating against you for taking Family and Medical Leave, you may bring suit immediately, without first filing a Charge with the E.E.O.C. Under the FMLA, if you prevail in court, you are entitled to recover lost wages and liquidated damages, and the court may also require your employer to pay your attorneys’ fees and court costs.

Other Types Of Leave

In addition to FMLA leave, our lawyers also represent employees who have been denied their rights or have experienced retaliation for taking the following types of leave:

  • Military leave

  • Leave for spouses of military personnel who are on leave

  • Maternity leave

  • Paternity leave

  • Disability leave

  • Workers compensation leave

  • Jury service leave

Contact Our FMLA Lawyers

If you believe your employer has violated the Family and Medical Leave Act, contact an employment attorneys today to schedule a consultation

 

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