FMLA Laws

The changing nature of today’s economy and the prevalence of two income earners in a household have made it difficult when circumstances require a worker's attention to family responsibilities. Pregnancies, illnesses and caring for elderly parents may require a worker to spend extended periods of time away from work regardless of lost wages. In 1993, to deal with these issues, the government signed into law the Family and Medical Leave Act (FMLA). The law allows anyone who works in a company of 50 or more employees to take up to twelve weeks of medical leave a year without the worry of job loss. In other words, companies with 50 or more employees must have a policy, following medical leave law , that allows up to twelve weeks of medical leave in a year, which should help avoid any pregnancy discrimination in the workplace. This may or may not be paid medical leave and are separate from leave of absence laws. When an employee feels that an employer is retaliating or interfering with their right to take this leave, he may seek the help of a qualified Employment Lawyer to protect his rights prescribed by the laws. Family leave law may change by state and by year, so New York family leave law may differ from California's family leave law and the family leave 2009 law may be different from the family leave 2008 law.

An Employee may Request an Extended Leave for the Following Reasons:

• A Serious Illness
  
• The Need To Care for an Immediate Family Member’s Health Condition
  
• The Birth and Care of a New Baby
  
• The Care of a Newly Adopted Child

Medical leave policy states in order to qualify for a leave, an employee must meet certain requirements detailed in the law. To be eligible the employee must have worked for the employer for at least 12 months and 1,250 hours in the year preceding the request for leave. The FMLA Laws do not provide a paid leave, however an employee may include any paid time off that he has accumulated as part of the his leave time. An employee who qualifies and finds it necessary to request an extended leave is entitled to return to work in the same or equivalent position with the same benefits that existed before the leave.

Although unlawful, an employer may foolishly attempt to violate an employee’s rights by interfering, denying or discriminating against an employee who is in need of a legal extended period of time away from his job. An employee who feels that an employer has wrongfully denied or acted adversely to the laws may look to address these wrongs by engaging the services of an experienced Employment Lawyer who may file a lawsuit and seek damages to compensate for these illegalities. A successful lawsuit may be able to recover any lost pay and benefits, costs incurred for the care of a severely ill family member, and also require the employer to pay penalties for violating the laws.

Do you feel your employer is acting contrary to FMLA Laws? Contact our Employment Lawyers now to protect your rights!

Updated: MH