Family and Medical Leave Act Claims

Philadelphia Family and Medical Leave Act Lawyers Who Will Defend Your Rights

Too many Americans require leave from work but never take it. Why wouldn’t an employee take leave when needed? The majority either fear negative consequences or their leave request was denied.

Many employers mishandle Family Medical Leave Act (FMLA) leave requests. Cases of retaliation are common and many employers make it difficult or impossible for employees to take or return from leave. Knowing your rights is the first step to holding employers accountable.

Know Your Rights: Hold Employers Accountable for FMLA Violations

The purpose of the FMLA is to prevent workers from having to choose between their job and caring for themselves or their families. The FMLA entitles eligible employees to take up to 12 weeks of unpaid leave each year for specific family and medical reasons.

• Has your employer failed to provide you unpaid medical leave under the FMLA?
• Has your employer interfered with your FMLA rights?
• Has your employer retaliated against you because you requested medical leave under the FMLA?

If you answered “yes” to any of these questions, you should consider working with a Philadelphia Family and Medical Leave Act claims lawyer.

Requiring Unreasonable Notice Requirements

FMLA requires a 30-days notice with exceptions for emergencies, such as a sudden diagnosis or a major accident. Employers are expected to offer a certain amount of flexibility.

Delaying, Declining or Manipulating Your Leave

Leave cannot be approved at your employer’s convenience. If your physician states that you need major surgery this week, it’s generally not appropriate for your employer to ask you to delay your surgery because it’s not a good time for them.

Work from Home

Work from home is not a substitute for FMLA leave. There have been cases where, instead of granting FMLA leave, the employer asked the employee to work from home for a certain number of hours each week.

Setting You Up to Fail

Your employer can violate your FMLA rights by making intermittent leave difficult or impossible in a number of ways—including demoting you or loading you up with too much work to accomplish within specified hours.

Filing a Claim for an FMLA Violation

Let’s say your employer has violated your legal rights under the FMLA. What can (and should) you do? In this scenario, employees in Philadelphia have three primary options:

1. Hire a Lawyer to Work with Your Employer

One option is to hire a lawyer to work with your employer on your behalf. Oftentimes, employers will handle employees’ FMLA leave requests very differently once their employees get a lawyer involved. Depending on the circumstances, your lawyer may be able to:

• Help your employer understand that it is violating your legal rights under the FMLA;
• Convince your employer to comply with the FMLA in order to avoid facing legal action; and/or
• Work out an amicable resolution that protects your legal rights and preserves your good relationship with your employer.  

Of course, there are no guarantees. While some companies will be willing to act reasonably once they understand that they are in violation of the FMLA, others will not. If your employer is not willing to uphold its obligations under the statute, then your lawyer can take appropriate legal action on your behalf.

2. File a Complaint with the U.S. Department of Labor (DOL)

In some cases, taking appropriate legal action will involve filing a complaint with the U.S. Department of Labor (DOL). The DOL’s Wage and Hour Division handles complaints under the FMLA. If you properly and timely file an FMLA complaint with the Wage and Hour Division, it will:

• Review your FMLA complaint to determine whether an investigation is warranted;
• Investigate your complaint (if warranted) in order to gather as much relevant information as possible from both you and your employer; and,
• If its investigation uncovers an FMLA violation, attempt to work with your employer to remedy the violation—including paying any back wages you are rightfully owed.

Filing a complaint with the DOL’s Wage and Hour Division can be an effective approach for employees who have experienced FMLA violations in some cases. Additionally, if the Wage and Hour Division denies your complaint, you still have the option of filing a civil lawsuit in court.

3. File a Civil Lawsuit in Court

Regardless of whether you file a complaint with the Wage and Hour Division, you can seek appropriate remedies for an FMLA violation in court. This involves filing a civil lawsuit against your employer. If you go to court, you will need to present evidence of both your employer’s FMLA violation and the damages you are entitled to recover, and you will need to be prepared to respond effectively to your employer’s defenses.

As a result, effective legal representation is essential. At Murphy Law Group, we assist employees in Philadelphia with all aspects of protecting their legal rights under the FMLA. Our lawyers can determine if your employer has violated your rights; and, if it has, we can help you make an informed decision about how best to proceed. We can then represent you throughout the process of protecting your legal rights—whether this involves working with your employer, filing a complaint with the DOL, going to court or all of the above.

Family and Medical Leave Act Coverage FAQs

What Rights does the FMLA Protect?

The FMLA entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave each year for specified family and medical reasons.

• Health Benefits: continuation of group health insurance coverage
• Job Protection: When an employee returns from FMLA leave, he or she must be restored to the same job or to an equivalent job.

Do I Qualify for FMLA?

Not everyone qualifies for FMLA coverage, and not all employers have to offer it. From 2017 to 2018, approximately 93% of employees had access to paid or unpaid leave.

Employers required to provide FMLA leave include:

• Private-sector employers with 50 or more employees
• Public agencies
• Public and private elementary and secondary schools

Employees who qualify for FMLA protections, must:

• Have worked for their employer for at least 12 months
• Have worked at least 1,250 hours in the 12-month period

When Can I Take FMLA Leave?

Eligible employees are entitled to unpaid FMLA leave for any of the following reasons:

• the birth of a son or daughter, and to care for the newborn child within one year of birth,
• the placement with the employee of a son or daughter for adoption or foster care, and to care for the newly placed child within one year of placement,
• to care for the employee’s spouse, son or daughter, or parent who has a serious health condition,
• for a serious health condition that renders the employee unable to perform the essential functions of his/her job.

How Long is FMLA Leave?

After a qualifying event, you have the choice to take FMLA in two ways: (1) 12 continuous weeks, or (2) on an intermittent schedule, working fewer days per week or fewer hours in a day.

Murphy Law Group Protects the Rights of Employees Under the Family and Medical Leave Act

If you believe your rights have been violated or if you simply have questions regarding the FMLA, contact Murphy Law Group to schedule a free consultation to discuss your potential FMLA claims. Call 267-273-1054 for a free consultation.

Murphy Law Group represents residents of Philadelphia and its surrounding suburbs, including residents of Bucks, Montgomery, Delaware, Chester, Berks, Lancaster, Northampton, Lehigh, Lackawanna, and Luzerne Counties, residents located in central and western Pennsylvania, as well as individuals residing in New Jersey, who have potential FMLA claims. Murphy Law Group is dedicated to protecting the rights of Pennsylvania and New Jersey workers.