FMLA Lawyers | FMLA Violation Attorneys

Family Medical Leave Act (FMLA) Violation Lawyers

Every year, employers violate FMLA protections for employees who need leave to care for personal or health matters. If this is the situation you’re facing, the FMLA violation attorneys at Zipin, Amster & Greenberg want to help.

Let us provide the guidance you need to understand what constitutes an FMLA violation, what your rights are under the law, and the legal options available to you if your rights have been violated.

Understanding the Family and Medical Leave Act (FMLA)

To help care for certain personal or family medical situations, the federal government has enacted the Family and Medical Leave Act (FMLA).

Thanks to FMLA leave, a covered employee may take up to 12 workweeks of unpaid leave during any 12-month period while still protecting their job. This is in addition to any paid time off available to the employee. A qualifying employee may also substitute annual and/or sick leave for any unpaid leave under the FMLA.

In addition, a service member’s spouse, son, daughter, parent, or next of kin can take FMLA leave to provide care due to a serious injury or illness if the caregiver is an eligible employee. This is also known as military caregiver leave.

Employees Who are Covered by the FMLA

To help employees understand what their rights are, our FMLA attorneys have spelled out who may be approved for leave under this federal provision.

In this case, both an employee and their employer must meet specific requirements to qualify for FMLA leave.

FMLA provisions are for those who work for one of these types of employers:

• Companies with 50 or more employees
• Public agencies such as local, state, and federal employers
• Education agencies such as schools

In addition to working for one of the types of employers mentioned above, an employee must also meet these requirements:

• Worked at least 1,250 hours over the past 12 months
• Worked for the employer for at least 12 months (these months do not need to be consecutive)
• Be employed at a location where the company has 50 or more employees within 75 miles

The FMLA attorneys at Zipin, Amster & Greenberg are ready to help you evaluate your employee status to see if your rights have been violated by your employer.

Approved Reasons for FMLA Leave

If the employer requirements are met, then a qualifying employee may receive up to 12 workweeks of unpaid FMLA leave for these reasons:

• The birth of a son or daughter
• The placement with the employee of a child for adoption or foster care
• To care for pregnancy-related health issues
• To care for a serious health condition
• To care for a spouse, child, or parent with a serious health condition (FMLA leave can be extended up to 26 workweeks if the family member is a servicemember)

Our attorneys want employees to note that employers are allowed to request medical certification if a worker is leaving either due to a serious health condition or in order to care for a spouse or other immediate family member with a serious health condition.

In addition, it’s best for employees to notify their employer of their intent to take medical leave at least 30 days prior to the day on which leave is scheduled to begin. In case of emergency, employees should notify their employer as early as possible.

Employees Returning to Work After FMLA Leave

When employees return to work after FMLA leave, they must be returned to the same or equivalent position as when they left the workplace. This includes equivalent compensation, benefits, and status, as well as other terms, conditions, and privileges of employment.

As long as employees pay their share of health care premiums on a current basis or agree to pay the premiums upon return to work, employers may not take health benefits coverage away from employees on FMLA leave.

However, our FMLA lawyers have found that employers may attempt to violate a qualifying worker’s rights during or after their approved leave. If this is what happened to you, then contact Zipin, Amster & Greenberg today.

Common FMLA Violations

Despite the clear protections outlined in the FMLA, employers may intentionally or unintentionally violate employees’ rights to take leave from work.

Our FMLA lawyers have found these to be some of the most common FMLA violations:

Failure to grant FMLA leave

Even when an employee meets all eligibility requirements, an employer may unlawfully deny leave. For example, an employer might misclassify leave for an employee’s serious health condition as ordinary sick leave.

Interfering with FMLA rights

An employer may interfere with an employee’s FMLA rights if they obstruct or discourage an employee from receiving leave. For example, the employer may directly pressure an employee not to take leave.

They may also indirectly interfere by making negative comments about an employee’s use of FMLA leave or by failing to inform employees of their right to FMLA leave. In other cases, an employer may intentionally provide inadequate notice of an employee’s FMLA rights or the documentation needed for leave.

Misclassifying employees

Employers may intentionally or mistakenly classify employees as ineligible for FMLA leave by counting them as part-time employees or falsely claiming that they didn’t meet the required hours.

Retaliation for taking FMLA leave

The FMLA makes employer retaliation illegal when employees take or request FMLA leave. Examples of retaliation are demotions, reductions in pay, cutting off benefits, negative performance reviews, or a transfer to a less favorable position.

Failure to reinstate employees after leave

If an employer refuses to reinstate an employee or places them in a demoted or less favorable role, they are violating the FMLA.

This may occur if an employee is not reinstated to their original position or an equivalent position with the same pay, benefits, and working conditions.

However, this is not an exhaustive list of FMLA violations. Our attorneys are ready to help you if you have experienced these or other FMLA violations from your employer.

Still Have Questions About FMLA Violations? Contact our FMLA Lawyers

If you’ve been denied or are experiencing other issues relating to FMLA leave, then let our lawyers provide the help you need.

Whether you need a lawyer to evaluate your case, answer a question about actions taken by your employer, or need help understanding the legal rights you have, the FMLA lawyers at Zipin, Amster & Greenberg are ready to provide the guidance and answers you need.

Experienced FMLA Attorneys Ready to Help You

Our FMLA attorneys understand what constitutes a violation, what steps to take if your rights have been violated, and how to use the FMLA to receive the justice and compensation you deserve.

In addition, we can help negotiate with your employer in order to come to a resolution that puts your best interests first. If this fails, we can initiate a lawsuit to get you the compensation you deserve.

Our years of experience help us anticipate and avoid any issues relating to your case, such as common obstacles an uncooperative employer may present.

Contact our FMLA Lawyers

Zipin, Amster & Greenberg provides the legal assistance that victims of FMLA violation deserve. Let our FMLA violation attorneys put our decades of legal insights, knowledge, and experience to work for you to provide the help and guidance you need.

If you need answers or help with your FMLA violation issue, call us at 301-587-9373 or use our contact form.

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