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Family and Medical Leave
The Family and Medical Leave Act (FMLA) of 1993 mandates that covered employers offer as many as 12 weeks of unpaid leave without jeopardizing the job status of eligible employees for various family and individual medical situations. These medical situations include pregnancy and care for a newborn, placement with the employee of a child for adoption or foster care, care for an immediate family member with a serious health condition, and the employee’s own serious health condition. The FMLA allows employees to leave temporarily or work a less stressful schedule, depending on the severity of the circumstances.
Have you or a close family member experienced a medical situation that requires leave or intermittent work for an extended period of time? If you need time off or have been discriminated against for a request under the FMLA, a labor and employment attorney may be able to help assert your rights under the Family and Medical Leave Act. To receive a complimentary case review from one of our attorneys, simply fill out our no-obligation case review form.
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FMLA Job Benefits & Protection
The employer must continue to provide health insurance benefits to the employee under any group health plan for the length of FMLA leave. Returning employees must have their former positions prior to FMLA leave reinstated, or an equivalent job with the same salary, benefits, and all other original occupational terms. Any employee who utilizes FMLA cannot lose the right to any employment benefits accrued before the leave.
Illegal Employer Actions under FMLA
Under FMLA regulations, it is illegal for the employer to:
- Interfere with or refuse any rights available to the employer under FMLA.
- Fire, retaliate, or discriminate against an employee for opposing any practice deemed unlawful by FMLA or for inclusion in any proceeding relating to FMLA.
If an employer discriminates or retaliates against an employee for seeking benefits guaranteed under the FMLA, the employee may be eligible to receive further compensation through a discrimination lawsuit.FMLA Enforcement
The U.S. Department of Labor's (DOL) Wage and Hour Division administers and enforces the FMLA for all private, state and local government employees, and some federal employees. The DOL has the jurisdiction to investigate and resolve complaints concerning FMLA violations, and may take an employer to court for any alleged violations. In addition, an employee entitled to FMLA coverage has the opportunity, with the help of an attorney, to file a lawsuit against an employer for violating his or her rights.
FMLA does not impact any federal or state law forbidding discrimination and does not override state or local legislation or collective bargaining agreement offering superior family or medical leave rights. To receive a complimentary case review from one of our attorneys, simply fill out our no-obligation case review form.