Our employment lawyers represent employees who have wrongfully been denied leave under the Family and Medical Leave Act (“FMLA”). The FMLA requires some employers to give employees the ability to take medical leave. The FMLA, however, is highly complex and mechanical in nature. Contact our FMLA attorneys if you have been denied the ability to take leave or if you have been fired for taking leave.
The FMLA is the primary federal law that protects an employee’s right to take leave for a serious personal health issue. Additionally, the FMLA allows employees to take time off to care for certain family members.
The FMLA, however, only applies to certain employers and employees. Generally, an employees must have been employed for a year or more and have worked 1,250 hours in the previous year. Also, an employer must have 50 or more employees who work within 75 miles of your workplace. There are other exceptions to the FMLA for certain public agencies and educational institutions.
Leave taken under the FMLA may be paid or unpaid. This is often up to the employer’s policy and may vary from state to state. Additionally, an employee who qualifies for FMLA leave may take up to twelve weeks of leave a year. The year used for FMLA leave does not have to be the same as the calender year. It can be any rolling twelve-month period as established by the employer.
Employers may not discriminate against employees who take FMLA leave. If you have been denied leave or have been discriminated against because you took FMLA leave, contact our employment lawyers immediately.
