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.
If you’re dealing with FMLA issues and believe your employer is mistreating you, an attorney from Weisberg Cummings can help you discern if you have an FMLA case. Our legal team has decades of combined experience dealing with situations like yours. We’ll listen to the details and provide the guidance you need.
What Is FMLA?
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 clearly defines an employer’s obligations and an employee’s rights for requesting time off for these circumstances. FMLA leave allows employees to withdraw from their jobs temporarily or work a less demanding schedule, depending on the severity of the conditions.
Some of the specific requirements include:
- Qualifications: The law applies to companies with 50 or more employees working within 75 miles of the business. To qualify for FMLA leave, an employee must work at least twelve months, covering at least 1,250 hours. The twelve months do not need to be consecutive.
- Eligibility: Employees requesting leave must meet eligibility requirements that include experiencing pregnancy and caring for a newborn, gaining custody of a child through foster care or adoption, caring for an immediate family member with a severe health issue, or taking care of the employee’s own ailment.
- Military involvement: FMLA qualifications state spouses and family members of military personnel who have sustained serious injuries can take up to 26 weeks of leave to provide care.
Types of FMLA Violations
Some employers fall victim to FMLA violations because they’re unfamiliar with the requirements. Others are negligent because their policies directly violate employee rights. Either way, qualified employees working for covered companies might be eligible for compensation if their employer:
- Denies an 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.
- Discontinues benefits: If employees receive health insurance through their job, 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.
At Weisberg Cummings, we can identify potential violations and determine how much your FMLA case is worth.
Get in Touch With an FMLA Attorney at Weisberg Cummings Today
The attorneys at Weisberg Cummings have many years of successful experience representing clients in FMLA cases. If you think your employer has mistreated you or violated your rights under the law, we can help. Contact us online today or call 855-716-2367 to schedule a free initial consultation.
