A knowledgeable and experienced FMLA lawyer can guide you through the legal actions against an employer that has interfered with your rights provided by the Family Medical Leave Act (FMLA). A covered employer cannot terminate you for taking an FMLA leave, nor can they consider FMLA leave as nonattendance for disciplinary reasons. An FMLA attorney is familiar with the specifics of this act and can help you get the time off you deserve.
What Is FMLA Leave?
The FMLA is a United States federal law stating that covered employers must provide workers with job protection and up to 12 weeks of unpaid leave over 12 months for permissible medical and family reasons. The law applies to companies with 50 or more employees working within 75 miles of the business. To qualify for FMLA leave, a worker must work at least 12 months, covering at least 1,250 hours. The 12 months do not need to be consecutive.
Valid reasons for FMLA leave include caring for:
- A newborn child within a year of birth.
- A newly adopted child or newly placed foster child within a year of placement.
- A child under 18 or one with a disability that prevents them from caring for themselves.
- Yourself, your spouse or your parent during a severe illness.
- A family member with a serious injury from military service for up to 26 weeks.
FMLA leave allows employees to withdraw from their jobs temporarily or work a less demanding schedule, depending on the severity of the conditions.
If you are eligible for FMLA leave and want to claim it, you must:
- Provide 30 days’ notice if the reason for your leave is foreseeable.
- Comply with your employer’s required leave notice protocols if feasible.
- Include enough detail for your employer to understand that your reason qualifies under the FMLA.
Types of Employer FMLA Violations
Some employers commit FMLA violations because they are unfamiliar with the requirements. Others are negligent because their policies directly violate employee rights. Either way, qualified employees working for covered companies may have an FMLA lawsuit case if their employer:
- Denies FMLA leave for an acceptable condition: Employers must grant employees leave for any illness, impairment, injury or mental condition that requires ongoing treatment by a health care provider, an inpatient hospital stay or care in a residential facility.
- Disciplines an employee for taking time off: Although employers can request that employees use their paid time off before taking unpaid leave, they cannot enforce discipline for absences that fall under FMLA rules. Discipline may include demotion, withholding promotion, dismissal or denial of benefits an employee is entitled to.
- Discontinues benefits: If employees receive health insurance through their employer, coverage must continue while they are on FMLA leave.
- Prohibits an employee from returning to their former position: When an employee returns from FMLA leave, the company must reinstate the employee, except in extenuating circumstances. If the company dismisses or demotes the employee, it must show they have a valid legal reason for doing so that is unrelated to their taking legitimate FMLA leave.
- Counts FMLA leave as absence: An employer may require an employee to use paid time off during an FMLA leave period. However, they may not treat authorized FMLA leave as mere absence from work, giving a poor performance review or taking disciplinary action as a result.
If you believe your employer has committed any of these violations against you, consider contacting an employment attorney. A Pennsylvania FMLA lawyer can help by evaluating your claim, gathering evidence to support it and representing you in litigation.
How Much Is My FMLA Lawsuit Worth?
If you have a strong FMLA violation case, you may get a settlement offer from your employer. A fair settlement offer should include reinstatement of all lost benefits and compensation for the violation’s impact on you. For example, suppose you lost $10,000 in wages because of wrongful demotion. In that case, you want to negotiate a settlement covering at least that amount plus reinstatement to your original position with full benefits.
When an employer opts not to make a settlement offer or negotiations break down, getting compensation requires filing a civil lawsuit against the employer. If you succeed in suing your employer for an FMLA violation, the court may award:
- Back pay: This covers all wages and benefits you lost because of the FMLA violation, sometimes including interest.
- Front pay: This covers the loss of wages or benefits you were likely to earn in the future had your employer not committed the violation. Front pay could include weeks or months you may have to spend finding a new job with equal pay and benefits after the ruling.
- Liquidated damages: Also called “double damages,” these usually entail the employer paying the back pay amount a second time. Courts award these in most successful FMLA lawsuits unless the employer can show they made an honest mistake.
- Punitive damages: The FMLA does not provide for emotional distress or punitive damages, but you may be able to claim these if your employer has violated other statutes, like the Americans with Disabilities Act or the Pregnancy Discrimination Act.
- Legal costs: Your employer usually has to reimburse your attorney’s fees if you win the lawsuit. This award is an incentive to get professional legal representation.
An FMLA violation lawyer can help you negotiate a fair settlement or represent you in court.
Find a Pennsylvania FMLA Lawyer at Weisberg Cummings Today
If you believe your employer has violated the FMLA in their treatment of you, an attorney from Weisberg Cummings can help. Our Harrisburg-based FMLA lawyers have decades of combined experience dealing with situations like yours. We are here to listen to the details and provide the guidance you need to:
- Discern whether you have an FMLA violation case.
- Gather evidence to support your claim.
- Negotiate a fair settlement.
- Make a compelling case in court.
Contact us today to schedule a free consultation.
