If you or a loved one has a serious health condition that requires you to take time off from work, you may be entitled to unpaid leave under the Family and Medical Leave Act (FMLA). The FMLA is a federal law that protects the rights of eligible employees to take up to 12 weeks of leave in a 12-month period for certain family and medical reasons. Unfortunately, employers will sometimes violate their employees’ FMLA rights, but if you believe your FMLA rights have been violated in any way, we are here to help. Contact a seasoned FMLA lawyer from Berger Law today to learn more about what we can do for you.
Qualifying for the FMLA
The FMLA applies to employers who have 50 or more employees within 75 miles of the employee’s worksite, and to employees who have worked for their employer for at least 12 months and at least 1,250 hours in the previous 12 months. Under the FMLA, employers are required to maintain their employees’ health insurance coverage and to restore the employee to the same or equivalent position after the leave. As long as you’re a qualifying employee, you should be allowed to take leave for the following:
- The birth or adoption of a child
- The care of a spouse, child, or parent with a serious health condition
- The employee’s own serious health condition that prevents them from performing their job
- A qualifying exigency arising from the military service of a spouse, child, or parent
Importantly, you should understand that FMLA leave is unpaid, and although your employer can choose to pay you through the duration of your leave, they are not legally required to do so.
What to Do if Your FMLA Rights Are Violated
If your FMLA rights have been violated, meaning your employer either wrongfully denied you leave or your position was terminated/given to somebody else upon your return, you should first document the incident, and then you should bring your case to the attention of a competent FMLA lawyer. Our legal team has extensive experience handling claims regarding FMLA violations, and we are prepared to put that experience to work for you in your case.
Note that the statute of limitations for FMLA claims is, in most cases, two years from the date of the FMLA violation, so it’s imperative that you bring your claim to an attorney’s attention sooner, rather than later. A seasoned Marquette employment lawyer from our firm is here to help.
Contact an FMLA Lawyer Today
If your FMLA rights have been violated, please don’t hesitate to contact Berger Law today. We are a proud legal advocate of employees in the Upper Peninsula who’ve had their rights violated, and we are prepared to fight for you, every step of the way.