I represent employees how have suffered a violation of the Family Medical Leave Act (“FMLA”). The FMLA was passed with the expressed intent “to grant family and temporary medical leave under certain circumstances.” In order for you to qualify for protection under the FMLA:
- Your employer must have 50 or more employees within a 75 mile radius of your job site (including part-time employees and those on leave);
- You must have been employed by your company for at least twelve months; and
- you must have worked at least 1,250 hours during the 12 months immediately before the date your FMLA leave begins
If you qualify, the law requires that your employer return you to your position, or to a position that is equivalent in pay, benefits, working conditions, and seniority, at the end of the leave.
If you are an employee that qualifies for the FMLA, you are entitled to take up to 12 weeks of unpaid, job-protected leave during any 12-month period for one or more of the following reasons:
- Placement of a child for foster care or adoption
- The birth and care of a newborn child
- The care of an immediate family member, such as a spouse, child or parent, who has a serious health condition
- You are unable to perform the essential function of your job because of a serious health condition
If you believe that your employer has violated your FMLA rights, you should be aware that laws exist to protect you. I would be pleased to meet and discuss your concerns with you. There is no charge for the initial consultation.