The Family and Medical Leave Act (FMLA) provides employees with reasonable unpaid leave for certain family and medical reasons. If your employer has denied you FMLA leave or has taken retaliatory action against you regarding your absence, you may have a FMLA claim against your employer.
What is FMLA?
Eligible employees can take up to 12 weeks of unpaid, job protected leave annually for the birth and care of a new born, the placement of an adopted or foster child, the care of an immediate family member with a serious health condition, or for qualified employee medical conditions. While an employee is on FMLA leave, employers are required to continue group health insurance coverage for the employee under the same terms and conditions as if the employee had not taken leave.
Who is Eligible for FMLA Leave?
Employees may be eligible for FMLA if they work for a covered employer for a minimum of 12 months and have logged 1,250 hours during the preceding 12 month period before requesting leave. They must be at a location where the employer has at least 50 employees within 75 miles.
Is My Employer Covered?
FMLA only applies to employers that meet certain criteria. Private sector employers with 50 or more employees in 20 or more workweeks in the current or preceding calendar year are covered as are most public agencies regardless of the number of their workforce.
What Happens When I Return to Work?
Upon return from FMLA leave, an employee must be restored to his or her original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. An employee’s use of FMLA leave cannot be counted against the employee under a “no-fault” attendance policy.
Contact an Experienced FMLA Violation Lawyer
Unfortunately, sometimes employers do not follow the law when it comes to FMLA leave, putting employees in a precarious situation. Even though the law offers protections against retaliation when employees take leave, they are sometimes subjected to unfair treatment upon their return or refused reinstatement when their leave expires.
If you have been the victim of FMLA discrimination, it is important to get help. Des Moines Employment Law Attorney Marc Humphrey can assist you by answering your questions regarding FMLA leave violations and hold your employer accountable to the law. Call our offices today at 515-331-3510.