Family Medical Leave Act Attorney Louisville KY
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.
Can Your Employer Deny Sick Leave or Vacation?
Understanding the Purpose of the Family Medical Leave Act
The Family and Medical Leave Act (FMLA) was created to balance the needs of the workplace and the needs of families. It promotes economic security and family stability by recognizing that employees should not have to choose between their health and their job responsibilities. The FMLA provides job-protected leave for employees who need time off to address serious life events. This helps ensure that workers can take time off without risking losing their jobs.
In today’s fast-paced workplace, many employees may not be aware of their rights under the Family and Medical Leave Act (FMLA) until a situation arises. This lack of knowledge can leave them vulnerable to unjust treatment by employers who may misinterpret or intentionally ignore their legal obligations. Consulting with an experienced FMLA attorney in Louisville, Kentucky can help protect their rights and ensure that employers are held accountable for any violations.
Who Is Covered Under the FMLA?
Not all employees are automatically eligible for FMLA leave. To qualify, you must meet specific employment requirements. Generally, eligible employers include private companies with 50 or more employees within a 75-mile radius, as well as public agencies and schools.
Additionally, an employee must have been employed by the employer for at least 12 months and worked at least 1,250 hours during the 12-month period preceding their leave. These requirements may seem confusing, especially for those with variable work schedules or breaks in employment. An experienced Family and Medical Leave Act (FMLA) attorney can review your work history and determine if you are eligible for protected leave under the law.
Qualifying Reasons for FMLA Leave
The FMLA allows eligible employees to take time off for various reasons, including the birth of a child or the adoption or foster care of a child, as well as caring for a family member with a serious medical condition. Employees can also take leave if they themselves have a serious medical problem that prevents them from working.
In addition, military family leave provisions allow eligible employees to take time off for certain situations related to a family member’s active duty. These provisions are designed to support military families during periods of increased stress and responsibility.
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.
Common Examples of FMLA Interference
FMLA interference can take many forms, and some may not be obvious. For example, an employer may discourage an employee from taking time off, provide incorrect information about eligibility, or use FMLA leave as a reason for making negative employment decisions. Even minor pressures to return to work sooner than expected can be considered illegal interference.
Another common issue that can arise is when employers fail to provide the required notice or incorrectly deny leave requests without providing adequate justification. If your employer’s actions prevent you from exercising your FMLA (Family and Medical Leave Act) rights, you may be eligible for compensation for lost wages, benefits and other damages.
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.
Recognizing Retaliation After FMLA Leave
Retaliation claims often arise after an employee returns from FMLA leave and experiences negative treatment at work. This can include unjustified disciplinary actions, reduction in hours, exclusion from meetings, or termination soon after returning. Timing can be a key factor in proving retaliation, especially when adverse actions occur shortly after the employee uses protected leave.
Employers are not allowed to use FMLA leave as a basis for making employment decisions. If you feel that your employer has punished you for taking FMLA time, an FMLA attorney can help you gather evidence, evaluate your case, and pursue legal remedies if necessary.
Learn More About Wrongful Termination
Contact an Experienced Family Medical Leave Act Attorney
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.
Common Family Medical Leave Act FAQs
To be eligible, you must: 1) Work for a covered employer (a private employer with 50 or more employees within a 75-mile radius, or a public agency); 2) Have worked for that employer for at least 12 months (which do not need to be consecutive); 3) Have worked at least 1,250 hours during the 12 months immediately before the start of your leave; and 4) Work at a location where the employer has at least 50 employees within 75 miles.
Qualifying reasons include: 1) The birth and care of a newborn child within one year of birth; 2) The placement of a child for adoption or foster care within one year of placement; 3) To care for an immediate family member (spouse, child, or parent) with a serious health condition; 4) Your own serious health condition that makes you unable to perform your job; and 5) Qualifying exigencies arising from a family member’s covered military deployment, or military caregiver leave (up to 26 weeks) to care for a covered service member with a serious injury or illness.
The FMLA defines a serious health condition as an illness, injury, impairment, or physical or mental condition that involves: inpatient care (overnight stay in a hospital, hospice, or residential medical facility); or continuing treatment by a healthcare provider. This can include conditions requiring multiple treatments (e.g., for cancer, physical therapy), chronic conditions that cause episodic incapacity (e.g., asthma, diabetes, depression), or pregnancy/prenatal care.
These are two distinct legal theories. An Interference Claim asserts that your employer denied, discouraged, or otherwise impeded your right to take FMLA leave or your right to be reinstated after leave. You do not need to prove discriminatory intent, only that you were denied a benefit guaranteed by the FMLA. A Retaliation Claim asserts that your employer punished you because you took or requested FMLA leave. This requires proving that your use of FMLA was a motivating factor behind an adverse action, such as termination, demotion, or a negative change in your job.
Employers must provide you with a written notice of your rights and responsibilities under the FMLA when you request leave. They may also require you to submit a medical certification from your (or your family member’s) healthcare provider to support the need for leave. You must be given at least 15 calendar days to provide this. Your employer cannot contact your doctor directly but can have a healthcare representative (not your supervisor) contact them for clarification or authentication, with your permission.
The FMLA only provides for unpaid, job-protected leave. However, you may choose—or your employer may require you—to use your accrued paid leave (like vacation or sick days) concurrently with your FMLA leave. Some states have paid family leave laws, but Kentucky does not. You retain your group health benefits during FMLA leave under the same terms as if you were working.
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