The Family and Medical Leave Act (FMLA) provides employees with the right to take unpaid, job-protected leave for specific family and medical reasons. Whether you need to care for a newborn, manage a serious health condition, or care for an ill family member, the FMLA ensures that you can take the necessary time off without fear of losing your job. However, many employees face challenges in accessing their rights under the FMLA. In these cases, an experienced employment lawyer can help protect your rights and ensure that your employer complies with the law.
What is the Family and Medical Leave Act (FMLA)?
The FMLA, signed into law in 1993, allows eligible employees to take up to 12 weeks of unpaid leave within a 12-month period for the following reasons:
- To care for a newborn child or a newly adopted or fostered child.
- To care for a spouse, child, or parent with a serious health condition.
- To recover from a serious health condition that makes you unable to perform the essential functions of your job.
- For certain military family leave related to a spouse, child, or parent’s military service.
During this leave, your employer is required to maintain your health insurance benefits and restore your job to you upon return. However, many employees find themselves facing resistance from their employers when they request FMLA leave or are retaliated against for taking leave. If this is the case, an employment lawyer can assist you in ensuring that your rights are upheld under the FMLA.
Common FMLA Violations
Employees who are eligible for FMLA leave are entitled to take the leave without fear of retaliation or job loss. Unfortunately, many workers experience violations of their FMLA rights, including:
- Denial of FMLA Leave: If your employer wrongfully denies your request for FMLA leave, they are violating your rights. Common reasons for wrongful denial include improper classification of eligibility or failure to inform employees of their rights.
- Retaliation: Employers are prohibited from retaliating against employees for taking FMLA leave. Retaliation may include firing, demoting, reducing hours, or harassing the employee after they return from leave.
- Failure to Restore Position: After returning from FMLA leave, employees must be reinstated to their previous job or an equivalent position with the same pay, benefits, and working conditions. Failure to restore an employee’s position is a violation of the FMLA.
- Interference with Leave: Employers cannot interfere with an employee’s FMLA leave. This includes discouraging employees from taking leave, requiring them to provide excessive documentation, or asking them to return to work before they are ready.
- Failure to Maintain Health Benefits: Employers must continue to provide health insurance benefits during FMLA leave. Failure to do so is a violation of the employee’s rights under the FMLA.
If you believe that your FMLA rights have been violated, it is important to consult with an employment lawyer to understand your legal options and take the necessary steps to address the situation.
How an Employment Lawyer Can Help with FMLA Claims
An employment lawyer can play a crucial role in ensuring that your FMLA rights are upheld. Here are several ways a lawyer can assist you:
- Legal Consultation: A lawyer can evaluate your case, assess whether your employer has violated the FMLA, and explain your rights under the law. They can also help you determine whether you are eligible for FMLA leave and whether your employer has complied with the law.
- Filing a Claim: If your employer has denied your FMLA leave, retaliated against you, or interfered with your rights, your lawyer can help you file a formal complaint with the U.S. Department of Labor or file a lawsuit against your employer in court.
- Gathering Evidence: To strengthen your case, your lawyer will help you collect evidence, including emails, medical records, time-off requests, and any communication with your employer that supports your FMLA claim.
- Negotiation and Settlement: Many FMLA cases can be resolved through settlement negotiations. Your lawyer will represent your best interests in these negotiations to secure a fair settlement, which may include back pay, reinstatement, and other compensation for the harm caused by the violation.
- Litigation: If settlement negotiations are unsuccessful, your lawyer will represent you in court, fighting for your right to FMLA leave and seeking damages for any harm caused by the violation, such as lost wages or emotional distress.
Why You Should Hire an Employment Lawyer for FMLA Claims
Dealing with an FMLA dispute can be complicated, especially if you’re facing retaliation or an employer’s refusal to comply with the law. Here are a few reasons why hiring an employment lawyer is essential:
- Expert Legal Knowledge: Employment lawyers have a deep understanding of the FMLA and can guide you through the process, ensuring that your case is handled correctly and efficiently.
- Protection from Retaliation: FMLA violations often involve retaliation, such as wrongful termination or demotion. An employment lawyer can help protect you from further retaliation and take action if your employer retaliates against you.
- Stronger Case: An experienced lawyer will know how to collect the right evidence, craft the best legal arguments, and present your case in a way that maximizes your chances of success.
- Peace of Mind: Navigating the complexities of the FMLA can be stressful. With an experienced lawyer by your side, you can have peace of mind knowing that your legal rights are being protected and that your case is in capable hands.
How Castronovo & McKinney Can Help
At Castronovo & McKinney, Employment Law Attorneys, we have extensive experience representing employees in FMLA claims and ensuring that their rights are protected. Whether your employer has denied your leave, retaliated against you, or failed to reinstate you after your leave, we are here to help you assert your rights and seek the compensation you deserve.
Our team of experienced lawyers will guide you through the FMLA process, help you gather evidence, and represent you in legal proceedings to ensure that you are treated fairly under the law.
Why Choose Castronovo & McKinney?
Here are several reasons why clients trust Castronovo & McKinney to handle their FMLA claims:
- Proven Track Record: We have successfully represented clients in FMLA cases, securing favorable settlements and verdicts that ensure our clients receive the benefits they are entitled to.
- Experienced Legal Team: Our attorneys have in-depth knowledge of the FMLA and other employment laws, and we are dedicated to providing high-quality legal representation.
- Compassionate Support: We understand the emotional and financial toll that FMLA violations can take. Our team is committed to providing you with compassionate, client-focused support throughout the process.
- Aggressive Advocacy: Whether through negotiation or litigation, we fight aggressively to protect your rights and ensure that you are compensated for any damages caused by FMLA violations.
Contact Castronovo & McKinney Today
If you believe that your FMLA rights have been violated or if your employer has retaliated against you for taking leave, contact Castronovo & McKinney for a free consultation. Our experienced attorneys will review your case, explain your options, and help you take the necessary steps to seek justice and compensation.
For more information or to schedule a consultation, visit Castronovo & McKinney, Employment Law Attorneys or call us at 973-920-7888 (Morristown) or 646-755-3781 (New York).