Standing Up for Your Rights Under the FMLA
Federal law allows many types of employees to take unpaid medical leave for themselves or to care for family members. An employee is entitled to leave under the Family Medical Leave Act (FMLA) if these conditions are met:
- the employer has at least 50 employees within a 75-mile radius on the payroll for 20 work weeks during the current or preceding calendar year;
- the employee has worked at least 12 months for the employer; and
- the employee has worked at least 1250 hours during the 12 months immediately preceding the leave request.
If you worked for an employer covered by the FMLA and you were not allowed to take a qualified medical leave, or suffered discrimination from taking leave, contact an attorney today.
At Kalijarvi, Chuzi & Newman, P.C., we have helped employees fight for their rights for more than 30 years. Please call our Washington, D.C. office at 202-331-9260 to discuss your FMLA issue.
Reasons for Taking FMLA Leave
The FMLA covers most types of federal and private sector employers. It allows employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for family and medical reasons:
- The birth and care of a newborn child
- The adoption or foster care of a child
- To care for a spouse, child or parent with a serious health condition
- Medical leave when the employee is unable to work because of a serious health condition, including pregnancy or disability
- Qualifying situations caused by the employee's spouse, child or parent being on active duty or called to active duty in the National Guard or Reserves
Additional FMLA Protections
Employers must maintain group health insurance coverage for an employee on FMLA leave if insurance was provided prior to the leave. In some situations, employees must pay their share of health insurance premiums while on leave.
In most situations, employees who return from FMLA leave must be given their original job or an equivalent job with equivalent pay, benefits and other terms and conditions.
It is possible your state provides more protection than the FMLA, consult with us today.
Denied FMLA Protection?
An experienced lawyer can help you gather the necessary medical documents and information from your doctor to reverse the denial We can also help you fight wrongful termination as a result of requesting FMLA leave. Call us at 202-331-9260 or send us an e-mail.
