Family and Medical Leaves of Absence
Did your employer deny your request to take a leave of absence for family or medical reasons? Were you terminated or subject to other adverse action after taking or requesting a family or medical leave of absence?
The Family and Medical Leave Act (FMLA) sets out requirements for how covered employers must handle requests for time off due to an illness or certain family-related issues, including for pregnancy, the birth of a new child or adoption. FMLA requirements provide that qualified employees are guaranteed up to 12 weeks of unpaid leave during a 12-month period. During that time, they may return to their old position with no loss of salary or benefits or other penalties.
FMLA offers protections for leaves of absence following the birth or adoption of a child, during a serious illness or the illness of a family member, and as a result of certain matters related to a family member’s military deployment.
Employers subject to FMLA may not deny requests for FMLA-protected leaves of absence, discipline employees for taking FMLA-protected leave of absence, and may not refuse to reinstate an employee returning from a FMLA-protected leave of absence.
Attorney Jeffrey Kmoch has experience litigating and counseling on matters associated with FMLA leaves of absence. If you believe your employer improperly denied your request for a leave of absence or mistreated you because you took a leave of absence, call today for a free consultation.
Not all employers are covered by the FMLA, not all employees are eligible for FMLA leaves of absence, and not all conditions necessitating a leave of absence qualify for FMLA protections. Statutes of limitations also apply, so time may be of the essence.