Family Medical Leave Act

The federal Family and Medical Leave Act (FMLA) requires employers with 50 or more employees to provide employees with unpaid leave from work for up to 12 weeks for certain purposes. Employees who have worked for their employer at least one year for a minimum of 1250 hours qualify for this benefit. Employers are required to maintain the employee’s health (including dental and vision) benefits during family leave. Employees should be aware that some employers use paid sick and vacation benefits during time away from work under FMLA. Employers may not retaliate against employees who invoke the benefits from FMLA. Upon return to work, the employer must guarantee the same or similar position as prior to taking leave.

Employees who qualify for this protected leave from work under FMLA are:

• Personal or qualified family members requiring serious medical attention.
• Pregnancy, adoption, or maternity (and paternity) leave purpose.

The law firm of Tarshish Cody PLC can advise you on appropriate action against an employer who violates employee rights under FMLA such as:

• Employer denies designated reasons permitted for leave under FMLA.
• After returning to work under a leave through FMLA, the employer does not provide the same or similar work position.
• An employee is denied promotion, or terminated due to an application for leave under FMLA.
• An employee has hours reduced or is terminated in order to prevent employee application for leave under FMLA.
• An employer has stated or unstated policy discouraging leave including for purposes provided under FMLA.

State laws often provide for protections like the federal FMLA vary, so you may schedule a free initial consultation with our attorneys at Tarshish Cody PLC to discuss details of specific circumstances, and the rights involved. Call 952-361-5556(or fill out the free case evaluation form below).

Attorney Practicing In This Area

Kyle Kosieracki