By Ricotta & Marks, P.C. on August 9th, 2021 in
What Is The FMLA? The FMLA, or the Family and Medical Leave Act, entitles employees to unpaid, job-protected leave for family or medical reasons. The legislation specifies that during the family or medical leave, health insurance coverage continues under the same terms and conditions as if the employee had not taken leave.The FMLA permits twelve work weeks of leave within a 12-month timeframe under the following circumstances:
- The birth of a child, within one year of birth.
- Placement of an adoptive or foster case child within the care of an employee, within one year of placement
- Caring for an immediate family member with a serious health condition
- To recover while enduring/after a serious health condition
- Any exigency arising from the fact that an employee’s immediate family member is on active duty with the military (military caregiver leave)
Q: What Do I Do If My Employer Violates The FMLA?
Employees are protected by law against any violations of the FMLA. Section 105 and section 825.220 of the FMLA specifically prohibit:
- Interference, restraint, of denial of any guaranteed right
- Discrimination or retaliation on the basis of any FMLA
- Discharge or discrimination based on an employee’s complaint regarding unlawful practices
Examples of prohibited conduct under the FMLA include:
- Dissuading an employee from using leave
- Refusing to authorize leave
- Counting leave against attendance policies
- Manipulating the employee’s work hours to avoid responsibilities
- Using leave as a negative factor in any appraisal, promotion, hiring, or disciplinary action
If you have experienced any of the aforementioned violations of the FMLA, you may have a case against your employer. The Wage and Hour Division of United States Department of Labor is responsible for enforcing all FMLA guidelines for all private, local, state, and some federal employees. The Wage and Hour Division is therefore capable of investigating any complaints. If a violation is found to have occurred, the United States Department of Labor may bring court action to resolve the issue. Alternatively, all employees have the right to bring a private lawsuit against their employer for any violation of the FMLA. Seeking expert legal counsel can help protect you from employers engaging in unlawful practices and bring justice for your case. For more information regarding what to do if your employer violates the FMLA, consider speaking with an experienced attorney at Ricotta & Marks today to discuss your case.
Q: I’m Pregnant And Scared To Lose My Job. How Do I Protect My Benefits?
If you are pregnant, the law protects you from losing any accrued benefits. Your employer is legally prohibited from firing you or reducing your benefits solely based on pregnancy. It is also against the law for an employer to withhold pregnancy benefits because of the marital status of the pregnant woman. If your employer terminates you or otherwise discriminates against you due to pregnancy, you can seek legal recourse.If you believe that you have experienced pregnancy discrimination or harassment, you may file a charge of discrimination with the EEOC or Wage and Hour Division to initiate an investigation into the matter. It should be noted that any charge of discrimination must be filed within 300 days of the incident in order to take further action.Each pregnancy discrimination case is unique and hinges on the circumstances of the situation. Legal protections under the law, however, do not vary. Pregnant women are protected from unlawful termination, discrimination, and/or withholding of benefits due to pregnancy.
Q: How Do I Seek Legal Assistance If My Employer Violated the FMLA?
If you believe that your employer violated the Family Medical Leave Act, your case deserves to be heard. Seeking legal assistance can be intimidating, but employment attorneys are trained to listen to your situation and proceed according to the law. Speaking with an attorney is a free and easy option that can make a substantial difference in the success of your case. Before speaking with an attorney, try to organize any relevant paperwork and documents that support your claim. Create a timeline of events and compile any evidence, even if it seems trivial. Coming to the discussion prepared can help your attorney understand the ideal strategy for your unique case. If you are wondering what to do if your employer violates the FMLA, do not hesitate to seek assistance. The expert team of lawyers of Ricotta & Marks have won countless cases for victims of discrimination and harassment. We are prepared to fight for you.