Family Medical Leave Act
The Family Medical Leave Act (FMLA) protects eligible employees from being fired or losing their health benefits under various circumstances, including the birth or adoption of a child, personal medical reasons, and to care for a child, spouse, or parent with a serious health condition. If you qualify for an FMLA-protected leave of absence, you may take up to 12 workweeks of unpaid time off within a rolling 12 month period.
Eligible employees who are the spouse, son, daughter, parent, or next of kin of a covered military service-member may take up to 26 weeks of FMLA leave during a single 12-month period to care for the service-member.
After your leave ends and you return to work, you are entitled to the same or equivalent position with equal pay and benefits, assuming you can perform the essential functions of the job.
If you feel like your rights under FMLA have been violated, you may have a claim of interference or retaliation against your employer.
What is an Interference Claim?
An interference claim arises when your employer somehow interferes with your protected leave of absence. To obtain damages, you must be an eligible employee of a qualifying employer, as defined by the statute. You must show that you were entitled to an FMLA-protected leave of absence, provided notice of your intent to take a leave of absence, and your employer denied you a benefit that you were entitled to receive.
What is a Retaliation Claim?
An employee who is retaliated against for using FMLA leave must show that he or she was engaged in statutorily protected conduct and suffered an adverse employment action because of that conduct. Acts of retaliation may include your employer’s refusal to reinstate your position or a demotion of responsibilities and pay.
The attorneys at Abney Law frequently handle cases related to the FMLA. We will aggressively advocate for your lost or denied employment benefits and seek complete compensation for your claim. Contact the Family Medical Leave Act attorneys at Abney Law online or at (502) 498-8585.