Family Medical Leave Act Disputes

Enacted in 1993, the Family Medical Leave Act (FMLA) requires that employers allow eligible employees to take time off it they are ill, or if they need to care for a family member. This refers to time off that is different from sick days or vacation days. Family medical leave is a separate type of unpaid leave. Despite the fact that the FMLA has been around for over 20 years, violations of the FMLA are common. Employees who feel that their rights under the FMLA have been violated have the right to file a dispute with the Wage and Hour Division of the Department of Labor. If you are in need of an employment lawyer because you believe your employer has denied you your rights to take family medical leave, it is important that you immediately contact an experienced Los Angeles Family Medical Leave Act Disputes Lawyer who will make sure that your FMLA rights are protected.

Requirements of the Family and Medical Leave Act

The federal Family and Medical Leave Act (FMLA) was enacted to help create a balance between work life and family life. Under the federal FMLA, an employee must be allowed to take leave under the following circumstances:

• The employee has been employed by the employer for at least 12 months (not necessarily consecutive);
• The employee has worked for the employer at least 1,250 hours during the previous 12 months; and
• The employee has been employed at a worksite with at least 50 employees at that location, or within a 75-mile radius.

The reasons an eligible employee must be permitted to take leave include:

• The employee has a serious health condition which has left the employee unable to work;
• The employee needs to care for a spouse, child or parent who has a serious health condition; or
• The employee needs to care for a newborn child or a newly placed adopted or foster child.

It is important to understand that not every illness will qualify the employee to take family medical leave. Of course, minor illnesses do not qualify.

In addition, the employee must give the employer 30 days' notice if the leave is foreseeable. Otherwise, the employee must give the employer notice as soon as possible. The employee must also give the employer enough information to understand that the requested leave qualifies under the FMLA. An employer may require the employee to check-in at specified intervals.

Common Reasons for FMLA Disputes

Eligibility problems. One common reason for FMLA claims are that employers do not interpret the law correctly and as a result deny eligible employees leave. For example, an employer may fail to recognize a serious health condition. While the FMLA does not cover all conditions such as conditions that are minor, there are instances in which a minor ailment develops into a serious condition. For example, an annoying cough could develop into pneumonia.

Certification problems. Under the FMLA employers can require that an employee who needs to take leave give the employer notice. However, an employer may violate FMLA if he requires the employee to give too much notice, or denies an employee for notice reasons in a situation where the medical problem developed so quickly that there was not time to give the required notice.

Reinstatement problems. Under the FMLA, an employee is generally entitled to return to the same or similar position. If an employer reinstates the employee to a lesser position, reduces pay, or reduces benefits, then the employer would have violated the FMLA.

Consequences of Violating State or Federal Family Medical Leave Laws

There are several ways that an employer can violate the FMLA or the California Family Rights Act, including:

• Denying an eligible employee who has a qualifying condition family medical leave
• Terminating an employee for taking leave
• Disciplining an employee for taking time off to care for a family member

If an employer violates family leave law, the employee has the right to file a claim against the employer. Through a civil claim, you may receive compensation that may include back pay and reinstatement if you were illegally terminated.

Los Angeles Family Medical Leave Act Disputes Lawyer

If you believe that you are entitled to FMLA leave and your employer has interfered with your rights, it is important that you are represented by an experienced family medical leave lawyer.

The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients in matters related to family leave as well as in other types of employment disputes. Keep in mind that there are time limits to filing claims. Contact us at 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.

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