Family and Medical Leave Act Claims

14 10, 2018

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

By | 2018-10-14T22:11:42+00:00 October 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+00:00 May 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+00:00 April 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+00:00 November 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+00:00 July 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+00:00 March 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 [...]

10 02, 2017

What All Employees Should Know About the FMLA

By | 2017-07-29T08:41:58+00:00 February 10th, 2017|Family and Medical Leave Act Claims|0 Comments

When and why you can take FMLA leave The Family and Medical Leave Act, or FMLA, is something that few workers are familiar with – that is, until they need to use it. Unfortunately, people who aren’t familiar with their rights are more likely to be taken advantage of. We see it happen all the time. Let’s discuss some things that all workers should be aware of when it comes to the FMLA. Which Employers Have to Comply with the FMLA? The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. However, it’s important to note that the FMLA does not apply to every organization. In terms of private employers, the FMLA generally applies to private-sector companies with 50 or more employees. Public employers at the local, state, and federal levels may also be bound by the FMLA, no matter how many employees they have. Public and private elementary and secondary schools are also generally required to comply with the FMLA regardless of the number of employees. Who is Covered by the FMLA? It’s also important to know that not everyone is covered by the FMLA. You may be eligible for [...]

17 11, 2016

How Do I Sue My Employer? What Employees Need to Know About the Legal Process

By | 2017-07-29T08:41:58+00:00 November 17th, 2016|Americans with Disabilities Act Claims, Family and Medical Leave Act Claims, Hostile Work Environment, Pregnancy Discrimination, Sexual Harassment, Wage Theft & Unpaid Wages, Workplace Discrimination, Wrongful Termination & Retaliation|0 Comments

What you need to do and when Filing a lawsuit against your employer can be a daunting process, especially if you’ve never had to navigate the legal system before. If you’re like a lot of people, you’re probably going to spend some time doing Internet research before you pick up the phone to call an attorney. While being informed is a great impulse, it’s also important to realize that the sooner you speak to an attorney, the more likely your complaint is going to come out to a successful conclusion. You may thinking, “Well, sure … you’re attorneys so of course you’re going to say that.” But the truth of the matter is that if you’re even considering filing a lawsuit against your employer, everything you say and do from that moment on can potentially be included in the suit. Creating a consistent and legally sound narrative from the beginning can be a significant advantage when facing off against an employer – especially if that employer has deep pockets. Let’s talk about what steps you need to take if you believe that you’ve been subjected to unlawful behavior or practices.  While it’s important to acknowledge that every situation is unique, [...]

7 04, 2016

Worker Fired for Not Recovering Fast Enough After Surgery

By | 2017-07-29T08:41:59+00:00 April 7th, 2016|Americans with Disabilities Act Claims, Family and Medical Leave Act Claims|0 Comments

Company sued for violating Americans with Disabilities Act Taking time off from work to recover from a medical procedure is usually no picnic. In addition to the pain and discomfort, many workers are forced to go without pay during their leave. Employees are often eager to return to their jobs, if for no other reason than to start collecting a paycheck again. But what happens when a worker needs more time off than the 12 weeks the Family and Medical Leave Act (FMLA) requires? Is the company under any obligation to hold the person’s job for him or her? When the FMLA and the Americans with Disabilities Act (ADA) collide, employees may have more legal rights than they realize. Hard return date Norma Walker was a certified Nursing Assisant (CNA) at Chipola Retirement Center. It could be a physically strenuous job, as part of her job duties included lifting and moving patients. After years of working as a CNA, Walker began to have pain in one of her shoulders. Her doctor ordered her to have surgery. In her lawsuit, Walker alleges that she brought in the doctor’s note stating that she required shoulder surgery, and that she would be unable [...]