Family and Medical Leave Act Claims
Philadelphia Family and Medical Leave Act Claims Lawyer 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.
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 employees 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 215-375-0961 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.