The Family Medical Leave Act (FMLA) allows employees with 12 months of consecutive experience to take up to 12 weeks of unpaid leave in the case of a personal or familial medical issue, such as pregnancy or serious illness. Our attorneys can investigate whether your employer’s actions were illegal or discriminatory in relation to your FMLA claim. The attorneys at Chanfrau & Chanfrau in Palm Beach and Daytona, FL, can review your case to determine if you have a claim. Call us at (386) 258-7313 today.
What Is the Family Medical Leave Act?
The Family Medical Leave Act requires employers to allow qualifying employees to take unpaid leave in certain circumstances. An employee exercising this right cannot be denied reinstatement to their position at the end of the leave period, or fired for taking this time. Any action by an employee that violates the Act is grounds for a legal claim and requires showing certain facts in order to recover compensation.
Video: Family and Medical Leave Act (FMLA)
The Federal Family and Medical Leave Act (FMLA) requires companies with more than 50 employees to grant medical leave to an employee with a serious health condition, or a family member who needs help with a health condition. Employers may not retaliate against you for taking this leave by terminating or demoting you. If you were denied rights granted to you in the FMLA, we can work on your behalf to file suit against your employer.
What Is Covered?
Not every employee is entitled to leave under the FMLA. The employee must have a qualifying reason for taking leave. Only workers who have been employed for at least a year, worked at least 1,250 hours in the past year, and work where at least 50 employees work within a 75-mile span are eligible for leave under the Act. Qualifying reasons for taking leave include:
- The birth of a child
- Recovery from certain illnesses or health conditions
- Care for a sick family member
- Meeting certain requirements regarding the active duty military needs of the family
An employee meeting these requirements may take up to 12 weeks of unpaid leave in a 12-month period. Upon expiration of the leave period, the employer is required to reinstate the employee to their position, or a similar position, within the company. It is not permissible for an employer to refuse to reinstate an employee based on taking leave under the FMLA.
The Family Medical Leave Act protects employees in certain circumstances. Leave must be given to qualifying employees and the failure to do so is prohibited.
Cutting corners to increase the bottom line is not uncommon in the workplace. When an employee takes leave under the FMLA, some employers see the leave as an opportunity to cut a salary. Some of the most common violations include:
- Failing to provide information to employees regarding their rights under the FMLA.
- Refusing to reinstate an employee after the leave time has ended.
- Firing an employee for taking time off for a covered reason.
- Reassigning an employee to a lower-paying position upon return from leave.
If your rights have been violated, our attorneys can help. Victims are entitled to receive compensation for their losses, including any wages you should have received and loss of future earnings.
Enlist Legal Help
If you have been the victim of a violation of rights provided by the Family Medical Leave Act, call us at 866-610-0653, or contact us online. We will investigate your case and pursue the full amount of compensation you are entitled to receive.