Fmla Violations

FMLA Violations

Even the most diligent employees sometimes need time off of work when a family or medical issue arises. The right of employees to unpaid leave in these situations is covered by federal law. If you have been denied leave due to a family or medical issue, contact the New York FMLA violation attorneys at Phillips & Associates today.

No matter how dear you consider your job, important health and family matters take precedence. Because our society recognizes the importance of being able to address certain health and family situations, the Family and Medical Leave Act (FMLA) was enacted in 1993 to protect the rights of workers when these important events occur. The FMLA is a federal law overseen by the U.S. Department of Labor.

When certain important events occur, "eligible" employees are entitled under the FMLA to 12 weeks of unpaid leave in any 12-month period. The FMLA protects workers from being fired or other adverse employment actions, recognizing that these circumstances are important and are often beyond the worker's control. FMLA protections extend to:

  • The birth of a child and care for a newborn child.
  • Placement and care for a newly adopted child or foster care child.
  • A serious health condition that makes the employee unable to perform the key functions of her job.
  • Care for a spouse, child, or parent with a serious health condition.
  • An emergency-type situation arising from a spouse, child, or parent being on covered active duty in the military.

In addition, the FMLA provides up to 26 weeks of leave during a 12-month period for those who have to care for next of kin service members with a serious injury or illness, which is known as military caregiver leave.

Exceptions to FMLA Coverage

As important as the protections of the FMLA are the exceptions. Many workers are not covered. To be "eligible" the employer must have 50 or more employees within 75 miles of the place of employment or be a public agency. Smaller employers are not covered. Second, the employee must have worked at least 1,250 hours for the employer within the last 12 months and have worked for the employer for at least 12 months. As a result, newer employees and many part-time employees are not covered. Finally, by its terms the Act does not cover lesser medical emergencies or care for more remote family members such as grandparents.

Under the FMLA, employers must maintain existing health insurance benefits during the leave period. The employee is entitled to retain other job-related benefits upon returning to work and is entitled to retain the same or a similar position. Employers are prohibited from retaliating against employees for taking FMLA leave.

Phillips & Associates: Experienced FMLA Violation Attorneys

Nonetheless, many employers do not like granting FMLA leave, even though the leave is unpaid. If your employer is denying you FMLA leave, or terminated your employment based on protected leave, you need to consult with a New York FMLA violation attorney. It is unfair for your employer to treat you poorly in violation of the law when you are at your most disadvantaged. The attorneys at Phillips & Associates will handle your case on a contingency fee, which means that we do not get paid unless you are successful in your claim. If you believe your employer has violated the FMLA, contact our office today at (866) 229-9441.

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