When You Should Talk to An FMLA Lawyer
The Family and Medical Leave Act (FMLA) provides covered employees with job-protected leave to address personal medical issues or those of immediate family members. The act provides up to 12 weeks of unpaid leave annually to qualifying employees.
Despite clear protections under the FMLA, it is not uncommon for employers to deny eligible FMLA leave, retaliate against employees for taking FMLA leave, or otherwise infringe on an employee’s FMLA rights. Workers in the Daytona Beach, FL, and Palm Coast, FL, area wondering when to talk to an FMLA lawyer should report any suspected violations to the FMLA attorneys at Chanfrau & Chanfrau. Our attorneys investigate claims to determine if an employer’s actions were illegal.
You Were Denied FMLA Leave
Employees are legally entitled to FMLA leave provided they meet the following qualifications:
- They have worked for their employer for at least 12 months (the time does not have to be consecutive)
- They have worked at least 1,250 hours during the past year
- The employer employs at least 50 employees in a 75-mile radius
Even if an employee qualifies for FMLA leave, employers may violate their rights by denying leave, discouraging workers from taking leave, requiring too much notice, requiring a special type of notice, or miscounting time worked to deny FMLA eligibility. Any denial of legally protected FMLA should be reported to an attorney.
You Were Pressured to Work While On Leave
Some FMLA violations occur once a worker is already on approved leave. Employers may pressure employees to return to work before their leave is over. They may also harass a worker while they are on leave or push them to perform job duties from home. An FMLA lawyer can investigate these types of claims to determine if a lawsuit should be filed.
You Were Terminated While on Leave
One of the key aspects of FMLA leave is job protection. It is illegal for an employer to terminate an employee for reasons related to their leave. An employee can only be terminated while on FMLA leave if there is evidence they would have been fired even if FMLA leave had not been taken. Any termination that occurs during FMLA leave should be investigated by a knowledgeable FMLA attorney.
Your Job Was Not Reinstated
Even if an employee is not terminated while on FMLA leave, employers can violate their rights by refusing to reinstate their job when they return to work. This includes delaying an employee’s return to work, returning the employee to a different and non-equivalent position, reinstating the employee at a lower pay rate, and failing to restore all the employee’s benefits.
You Were Retaliated Against for Taking FMLA Leave
Employers cannot retaliate against employees for taking qualified FMLA leave. Examples of FMLA retaliation that should be reported to an attorney include:
- Wrongful termination
- Demotion
- Disciplinary action
- Returning the employee at a lower rate of pay
Contact Our Practice
Any worker who suspects an employer of FMLA violations should discuss their concerns with a knowledgeable FMLA attorney. The lawyers at Chanfrau & Chanfrau investigate FMLA claims and can recommend the best course of legal action. To schedule a consultation at our Daytona Beach law firm, send us a message online at your earliest convenience.
