Family Medical Leave Act
The Family and Medical Leave Act (FMLA) is a federal law that entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. This includes:
- The birth of a child and caring for the newborn within one year of birth
- The placement of a child with the employee for adoption or foster care and caring for the child within one year of placement
- A serious health condition of the employee’s spouse, child, or parent
- A serious health condition of the employee that makes the employee unable to perform the essential functions of the employee’s job
To be eligible for FMLA leave, an employee must have worked for their employer for at least 12 months and have worked at least 1,250 hours during the 12 months before starting leave.
If you have been denied family medical leave or retaliated against for taking leave, you may have a legal claim. Our law firm can help you understand your rights and options, and we can represent you in negotiations with your employer or court, if necessary.
Here are some examples of cases that our firm would be able to help with regarding family medical leave claims (the below cases are fictitious examples):
- Nadine was denied leave to care for her newborn baby. After legal intervention, her employer agreed to grant her leave and pay her back wages for the time she had already missed.
- John was fired after taking leave to care for his sick wife. He hired an attorney and tried to negotiate a settlement. The company declined and he filed a lawsuit against his employer; the case was settled for a significant sum of money.
- Mary was demoted after taking leave to care for her father, who had cancer. She retained an attorney and negotiated a severance package which included a lump sum payment and continued health insurance coverage for 6 months.
- According to the U.S. Department of Labor, 91% of employees who took FMLA leave in 2021 returned to their jobs.
- A 2022 survey by the Society for Human Resource Management found that 75% of employers reported that FMLA leave has a positive or neutral impact on their business.
- A 2023 study by the National Bureau of Economic Research found that FMLA leave increases the likelihood of mothers returning to the workforce after childbirth.
If you have been denied family medical leave or retaliated against for taking leave, we encourage you to contact us for a free consultation. We will review your case and discuss your legal options.