We represent clients who were not provided time off due to their own, or a family related medical condition. The Family and Medical Leave Act (“FMLA”) grants eligible employees up to twelve weeks of unpaid leave per year due to a serious health issue of theirs or of an immediate family member, or for the birth or adoption of a child. To be eligible, an employee must have worked at least 1,250 hours during the previous year and work for an employer that employs at least 50 employees within 75 miles of the employee’s worksite.
Under the FMLA, the employer must reinstate the employee to his or her previous position or to an equivalent position upon the employee’s return from leave. The employer must maintain the employee’s health insurance while on leave and cannot require the employee to re qualify for benefits upon his or her return from leave.
The FMLA also prohibits an employer from interfering with an employee’s right to take FMLA leave, such as wrongfully denying a leave request, failing to reinstate the employee upon his or her return from leave, or stopping an employee’s benefits while he or she is on leave. It is also illegal for an employer to retaliate by demoting or firing the employee, for example because he or she has taken FMLA leave or because he or she has exercised other rights under the law.
We assist clients in determining whether they were eligible for leave, whether their employer followed the proper procedures and whether they have any claim based on how they were treated when returning from FMLA leave. We advise our clients on whether they have claims and how best to proceed in pursuing those claims including, when appropriate, taking legal action on their behalf.
