Family and Medical Leave Act Claims
The Family and Medical Leave Act (FMLA) was signed into law in 1993. This legislation provides unpaid but job-protected leave to workers for certain medical and family reasons.
These reasons include:
- Birth of a child
- Adoption of a child
- Serious illness of the employee’s spouse, child, or parent
- Employee’s serious health condition that renders them unable to perform work-related tasks
- Urgent needs due to a spouse, child, or parent’s military service
In any of these situations, the employee is entitled to up to 12 workweeks of leave in a twelve-month period. In addition, if an employee’s spouse, child, or parent is an active duty military service member and faces serious injury or illness, the worker may have 26 workweeks of leave, designated as military caregiver leave.
This legislation protects the employee’s position as if they had continued working, preventing an employer from taking any adverse actions against them. In addition, if the employee partakes in health insurance offered through work, they cannot lose benefits as a result of this leave.
The Act protects both public and private sector workers, such as teachers and other public employees, as well as employees working for privately held companies.
If an employer denies the right to this leave when a worker is fully qualified, they could face legal action. Similarly, an employer cannot demote, downgrade wages, re-assign or otherwise penalize an employee for taking this leave. If you believe that you have been prevented from taking leave or received adverse attention for it, you may have grounds for legal compensation. Consult the employment law attorneys of the Powers Law Firm for a detailed analysis of your situation.