FMLA Violations
In general, the FMLA is a federal law that requires covered employers (those with at least 50 employees in a 100-mile radius) to give eligible employees (those who have worked full-time for at least a year) up to twelve weeks of unpaid leave:
- following the birth (or adoption or foster care) of a child and to care for the child within one year of birth or placement;
- to care for the employee’s spouse, child, or parent who has a serious health condition;
- to care for him/herself due to a serious health condition that makes the employee unable to perform the essential functions of his or her job;
- or any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”
Families of injured servicemembers can receive additional time to care for injured servicemembers. An employee must be returned to his or her job (or an equivalent job) after returning from leave. In addition, employers may not interfere with an employee’s exercise of FMLA leave and may not treat employees differently for taking FMLA leave.
If you believe your employer violated your rights under the FMLA or punished you for taking FMLA leave, we may be able to help. Call our office or click here to request our help.
Illegal employment practices can happen in a number of different ways. Unfortunately, employees often do not know when their employers are engaging in conduct that violates the law. That’s where we come in. If you need our help with an employment law or civil rights matter, call our office or fill out this form and we will get back to you as soon as we can.
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