Family and Medical Leave Act Violations
The Top Labor and Employment Issues Keeping Businesses and Employees Up at Night in 2021 and Beyond
Family and Medical Leave Act Violations
The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to twelve workweeks of leave in a 12-month period for:
•The birth of a child and to care for the newborn child within one year of birth.
•The placement with the employee of a child 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, child, or parent who has a serious health condition.
•A serious health condition that makes the employee unable to perform the essential functions of his or her job.
•Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.
•Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
Employees Have Legal Protections.
The FMLA is a federal law that provides employees up to 12 weeks of unpaid leave if their employer has 50 or more employees. You do not have to take your leave all at one time. Under the FMLA, employers are prohibited from terminating you, demoting you or substantially reducing your pay because of leave you took that qualifies under the law.
Your employer cannot interfere with you taking leave allowed under the FMLA. In other words, an employer cannot pressure you, either directly or indirectly, to not take leave, nor can your employer retaliate in any way against you for taking FMLA leave.
Common FMLA Violations.
Employers may themselves not be aware of their legal obligations to employees under the FMLA.
The following common actions may give rise to a legal claim for an FMLA violation:
•Reinstating an employee to a lesser position than they held before leave or a position that pays substantially less or provides fewer benefits.
• Failing to notify an employee correctly of their rights.
• Failing to continue health care coverage during an employee’s leave.
• Requiring an employee to provide too much notice or information regarding intended leave or the reason for the leave.
• Taking adverse employment action against an employee for taking FMLA leave, including disciplinary action and/or negative performance reviews based solely on leave or other actions.
Legal FMLA Guidance for Employers.
Businesses throughout New York City have trusted Figeroux & Associates with advisory and auditing services related to FMLA leave and policies. Employers who wish to limit liability risk should contact us for an exploratory consultation regarding our legal services. We provide both comprehensive reviews and drafting services to ensure that employers fully comply with FMLA requirements.
Consult with Our Knowledgeable Attorneys.
Our experienced lawyers can help you understand your rights and benefits under this complex federal law. If your employer has not allowed you to take FMLA leave, pressured you into reducing your leave, or taken disciplinary action against you after your return to work, we can help. We can provide you with legal options after clearly and honestly explaining your rights and the potential consequences of the choices before you.
Schedule a Free Legal Consultation Now.
Please schedule a free legal consultation with The Law Firm of Figeroux & Associates. Ask the Lawyer with Brian Figeroux, Esq. You have questions; we have the answers. Call us on the following legal matters: Employment Law, Immigration, International Trade, Matrimonial Law, Wills, Estates & Trusts, Civil Rights, Personal Injury, Bankruptcy, Taxation, Equity Smart, Landlord & Tenant, Workers’ Compensation, Social Security Disability, Small Business Solutions, Non-Profits, Deed Transfers and Real Estate Transactions. Schedule a free consultation at 855-768-8845.
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