Family and Medical Leave Act Claims

11 01, 2020

When You Take FMLA Leave—And Your Employer Uses It Against You

By |2020-01-11T02:48:40+00:00January 11th, 2020|Family and Medical Leave Act Claims, Workplace Discrimination, Wrongful Termination & Retaliation|0 Comments

Know Your Rights—and How to Protect Them Under the Family and Medical Leave Act (FMLA), you’re entitled to 12 weeks of unpaid leave per year to fulfill caregiving obligations or handle a medical issue. At the end of your leave, you must be able to return to your previous job at your previous level of pay. But some employers resist giving employees the leave they’re entitled to under the FMLA—and may even use it against them. Some examples of that include: Not promoting you because you took FMLA leave Firing you for taking legally protected leave Denying you benefits while you’re on FMLA leave Citing your use of FMLA leave as part of disciplinary action or a negative review When Is It Legal to Fire Someone on FMLA Leave? One of the more obvious violations of the FMLA is when an employer fires an employee while they’re on leave—or just after they return. However, there are situations where it’s legal to do that. Legally, an employer can’t fire you because you’re on FMLA leave. The reason has to be unrelated. Of course, most employers won’t admit that they’re firing you for taking leave you’re entitled to. Some scenarios where it [...]

21 09, 2019

Seven Signs Your Employer Is Violating Your FMLA Rights

By |2019-09-21T00:57:17+00:00September 21st, 2019|Family and Medical Leave Act Claims|0 Comments

You Don’t Have to Put Up With Retaliation The Family and Medical Leave Act (FMLA) gives qualifying employees approximately 12 weeks of unpaid time off to handle family caregiving and medical issues. You should be able to return to your job after leave with zero repercussions. However, employers don’t always honor their obligations under the FMLA. Cases of retaliation are, unfortunately, not as rare as they should be, and many employees find their employers making it difficult or impossible for them to take the leave they’re entitled to—or return to work once they’ve taken leave. Here are a few signs your employer may be violating your FMLA rights. 1. Your Employer Doesn’t Recognize Your Request You don’t have to specifically use the term “FMLA” to request FMLA leave. An employer should look at your request and realize what category your leave falls under, based on the circumstances. 2. Your Employer Requires an Inappropriate Amount of Notice Employees have certain obligations under the FMLA. For instance, if your reason for leaving is something foreseeable, the law stipulates that you have to give 30 days’ notice unless that’s unworkable. However, there are two ways employers break this rule. The first is by [...]

14 09, 2019

Can You Be Fired for Taking a Sick Day?

By |2019-09-14T02:13:55+00:00September 14th, 2019|Family and Medical Leave Act Claims|0 Comments

Find out When You’re Protected—and When You’re Not The simple answer is yes. As with all other states in the United States, Pennsylvania is an at-will state. Your employer can fire you for any reason, without warning, as long as the reason isn’t unlawful — such as outright discrimination or retaliation. (You’re also free to quit whenever you want, for any reason.) Employers generally have internal policies covering sick leave, and if you don’t follow the rules, that can raise your chances of being fired for taking a sick day. Most employers expect you to notify them when you won’t be coming in to work, for example—and some may start looking askance if you often call in sick on Fridays or Mondays. However, under at-will rules, employers do have a right to fire you when you take a sick day, even if you followed all the rules. But there are some exceptions. These include: Your Contract Protects You Some employees work under contracts that state the employer can’t fire them for using their sick days under most conditions. This is more common in union environments, but some individual employment contracts have this stipulation as well. You Have a Disability Under [...]

7 09, 2019

Are You Facing Retaliation for Taking FMLA Leave?

By |2019-09-07T18:03:52+00:00September 7th, 2019|Family and Medical Leave Act Claims|0 Comments

Know Your Rights Under the Family and Medical Leave Act The Family and Medical Leave Act (FMLA) gives eligible employees the right to take 12 weeks of unpaid, protected leave for a variety of reasons, mostly relevant to caregiving or dealing with a medical issue. Employers are required by law to provide this leave, and to ensure that at the end of it, you return to the same job with the same salary, duties, location, and benefits. But many employers don’t comply perfectly with this law, and some employees face retaliation for taking FMLA leave. Here are some questions to ask when considering whether your FMLA rights are being violated. Are You Eligible for FMLA Leave? Not everyone, unfortunately, qualifies for FMLA coverage—and not all employees have to offer it. Employers who have to provide FMLA leave include: Private-sector employers with 50 or more employees who’ve worked 20 or more work weeks in the current or previous year. Public federal, state, or local government agencies, regardless of size. Public and private elementary and secondary schools, regardless of size. Employees have to meet certain criteria, too. To qualify for FMLA leave, you must: Work for an employer required to provide FMLA [...]

14 10, 2018

Need Sick Leave for Family Care? Find out What You Qualify For

By |2018-10-14T22:11:42+00:00October 14th, 2018|Family and Medical Leave Act Claims|0 Comments

What you need to know about the Family Medical Leave Act Your child or your parent becomes ill and requires care. You need some time off from work. Now what? You may be wondering if you can use your accrued sick leave to care for someone else. Or perhaps you don’t have any accrued leave to use in the first place … and you’re wondering if there are still options for taking time off. With the added strain of caring for a family member, the last thing you need to worry about is your job security. Let’s talk about your rights under the Family Medical Leave Act (FMLA). What is the FMLA? The FMLA is a federal labor law that provides job protection for certain employees who need to take leave for qualified medical or family reasons. (We’ll discuss those reasons in more detail below). Employees who are eligible may take up to 12 weeks of leave and must be allowed to retain any company-provided health benefits during that time. Upon returning to work, employees must be returned to their regular positions, or to positions that are equivalent in compensation, job duties, and opportunities for advancement. Which employers have to [...]

18 05, 2018

Are You Entitled To Take Family Leave?

By |2018-05-18T01:18:59+00:00May 18th, 2018|Family and Medical Leave Act Claims|0 Comments

Under What Circumstances Can You Apply For Family Leave? Pursuant to the Family and Medical Leave Act (FMLA), an eligible employee working for a covered employer is entitled to unpaid leave in specified situations, including the birth of a child and to care for the newborn and following placement of a child for adoption or foster care. An employee can also request family leave if the employee has a serious health condition or is needed to care for a child, spouse, parent, or other qualifying family member who has a serious health condition, rendering the employee or family unable to care for his or her own basic needs. For example, an employee may request leave: • to provide care for a qualifying family member who is undergoing treatment for a serious health condition such as cancer or heart attack, or who requires care following surgery; • to provide transportation to and from medical appointments for a qualifying family member; • to provide psychological comfort and reassurance to a qualifying family member who has a serious health condition; • to provide respite or substitute care for others who are caring for the employee’s parent, spouse, or child who has a serious [...]

6 04, 2018

Can You Be Fired For Attending Rehab for Alcoholism?

By |2018-04-06T13:27:51+00:00April 6th, 2018|Americans with Disabilities Act Claims, Family and Medical Leave Act Claims|0 Comments

Is Alcoholism A Disability? Alcoholism can be considered a covered disability under the Americans With Disabilities Act (ADA). An employer may not discriminate against an individual based on a history of alcoholism if that person has been rehabilitated and no longer uses alcohol. In the absence of undue hardship, the employer must allow certain employees with a history of alcoholism to take leave to attend a rehabilitation program. An individual who returns to work and later has a relapse may also be protected under the ADA. The ADA protects alcoholics who are in recovery and no longer using alcohol. An individual who is actively using alcohol is not protected by the ADA. Employers are not required to hire or continue employment of an individual who is actively using alcohol. In addition to the protections provided by the ADA, the Family Medical and Leave Act (FMLA) protects an eligible employee from being fired for taking leave to attend a rehabilitation program. The FMLA provides eligible employees with unpaid, job-protected leave each year for up to 12 weeks to address serious health conditions. Alcoholism rehabilitation and treatment for alcoholism that involves inpatient care or continuing treatment may be considered a health condition [...]

22 11, 2017

Do Companies Have to Offer Paternity Leave?

By |2017-12-07T23:50:28+00:00November 22nd, 2017|Family and Medical Leave Act Claims|0 Comments

What dad needs to know about their rights According to a recent article in Esquire, many fathers find it difficult to cobble together paid and unpaid time off in order to devote time to their growing families after the arrival of a new baby. That’s hardly a surprise when you consider there are no specific federal laws requiring employers to offer maternity leave, never mind paternity leave. So what options do working dads have? And if men are entitled to paternity leave, what protection do they have if they face repercussions at work for taking time off? Let’s discuss how paternity leave is handled under the Family and Medical Leave Act (FMLA). 12 Weeks of Unpaid Leave—For Some Dads Employers that are covered by the FMLA must allow eligible employees to take 12 weeks of unpaid parental leave after the birth of adoption of a child. Companies are generally covered by the FMLA if they are: A private-sector employer, with 50 or more employees who worked 20 or more workweeks in the current or preceding calendar year A public agency, including a local, state, or federal government agency, regardless of the number of employees it employs; or A public or [...]

14 07, 2017

What You Need to Know Before Requesting Medical Leave

By |2017-07-29T08:41:57+00:00July 14th, 2017|Family and Medical Leave Act Claims|0 Comments

What the FMLA is, and how it pertains to you When you or a member of your family are suffering due to a medical condition, you shouldn’t have to worry that asking for time off from work might have a negative impact on your job. Unfortunately, many workers request medical leave only to find themselves driven off the job, or fired not long after they return to work. However, it’s important to know that federal law offers protection from this kind of treatment under the Family and Medical Leave Act (FMLA). Let’s talk about what the FMLA is and how it might impact you. What is the FMLA? The FMLA provides eligible employees with the right to request up to 12 weeks of unpaid leave per year to seek medical care, or to assist a family member who needs care. Family members may be a spouse, children, or parents. Some of the most common reasons people take FMLA include: in-patient stays at health facilities ongoing treatment or consecutive follow-up appointments with healthcare professionals chronic illnesses that flare up or intensify unpredictably recovery from complicated conditions, injuries, or surgeries involved treatments related to pregnancies time off to bond with newborn infants, [...]

3 03, 2017

What Happens When You’re Caught Between Your Doctor and Your Employer?

By |2017-03-03T21:07:33+00:00March 3rd, 2017|Family and Medical Leave Act Claims|0 Comments

Woman fired over unsatisfactory FMLA paperwork Can you be fired because your employer didn’t like the way your doctor filled out your medical leave forms? That’s what one woman said happened to her when she applied for intermittent time off through the Family and Medical Leave Act (FMLA). Because the woman’s doctor hadn’t yet formally diagnosed her, the company deemed her forms insufficient. She alleges that she was fired due to excessive absenteeism after calling out sick too many times. Thankfully, this woman took her case to court and ended up scoring a major victory for all Pennsylvania workers. In a precedential ruling, a federal court found that employers must give employees the chance to correct medical paperwork before terminating them. Let’s discuss what you need to know about your rights under the FMLA. Doctor didn’t know what was wrong The woman in this case, Deborah Hansler, was eventually diagnosed with diabetes and high blood pressure. However, by the time she could put a name to her symptoms, she’d already been fired. Hansler claims she was terminated because her doctor didn’t want to rush a diagnosis. The problem that Hansler ran into is not uncommon. Doctors are rightly focused on [...]