THE FAMILY MEDICAL LEAVE ACT (FMLA)
The FMLA allows employees to miss work for family or medical-related reasons, allowing them to keep their jobs during this short-term leave from employment. While many employers understand the importance of the FMLA, some employers do not, and have unlawfully treated employees for missing work due to family or medical-related reasons.
Under the FMLA, qualifying employers must allow qualifying employees to take time off to accommodate for life needs, such as the birth or adoption of a child, and the treatment of a medical condition, among other situations. A qualifying employer is one that has fifty or more employees in a seventy-five mile radius. A qualifying employee is one who has worked for a particular employer for at least one year, and has worked a total of 1,250 hours during this one-year period. Qualifying employees are allowed up to twelve weeks of unpaid leave, in addition to medical and health benefits during this period of time. Further, the FMLA protects an employee’s job so that an employee is able to return to his or her job upon conclusion of the leave period.
Whether you or someone you know has been mistreated in the workplace due to an employer’s violation of the FMLA, time is of the essence, as your rights and interests are at stake. Employers who get away with wrongfully terminating against and/or discriminating against an employee for taking leave are likely to do the same thing again. To put a stop to such conduct, the FMLA has provided a means of harmed employees to seek the recovery they deserve.
When discussing your matter with your attorneys, you will have a better understanding of what you are dealing with. Depending on the nature of your employment, the FMLA may or may not apply to your situation. This is something that must be evaluated by an attorney, and is a reason why it is difficult to take on an employment law matter on your own.