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FMLA (Family Medical Leave Act)

The FMLA gives most people the right to take 12 weeks of unpaid leave to care for themselves or a sick family member.   But some companies don’t like it when their employees take FMLA leave.   Sometimes employees are fired for asking to take FMLA leave, while out on leave or soon after they return.  This is called FMLA retaliation and its illegal.

FMLA retaliation cases are typically very strong.  They are so strong that we often settle them quickly without filing suit.

We have been helping people with FMLA retaliation cases since 1999.  We have developed a system that often provides our clients with a fast and effective solution. We can help you if you have been fired for taking FMLA leave or inquiring about it.

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Got a Question you want to ask us?
Call 212-571-2000 or 415-262-0096

Who is Covered by the FMLA?

You are covered by the FMLA if:

  • You’ve worked for your employer for at least 12 months and worked 1,250 hours in the last 12 months;
  • Your employer has at least 50 employees at your work location or within a 75-mile radius; and
  • You need time off to care for yourself or a close family (spouse, child, parent) due to a serious medical condition.

What Do I Get if I am Fired in Violation of the FMLA?

If you are fired in violation of the FMLA you are entitled to recover double damages.   For example, if you lose four months pay, you are legally entitled to eight months pay under the FMLA.  This double damage provision is built into the FMLA as a punishment against companies who violate it.

Paper with Family Medical Leave Act FMLA on a table
Paper with Family Medical Leave Act FMLA on a table

#2: Get Your Job Back (If You Want It)

Even after a bad FMLA experience with an employer, some clients want their jobs back, and this  is theoretically possible.

In reality, however, this is almost never a good idea. There is too much damage to the relationship, and it is impossible to go back to the way things were before.

When clients come to us for help, it is to gain compensation for the FMLA violation so they can move on with their lives and careers.

fml3

How Much Will It Cost Me?

The vast majority of FMLA cases we handle are on a contingent basis. That means you pay no money to us up front for handling your case.

Our fee is 33.33% of your award at the end of the case. If we win nothing for you, then you owe us nothing.

There is no financial risk to you in pursuing your case.

How Does FMLA Work?

The Family Medical Leave Act (FMLA) was designed to help employees take reasonable unpaid leave for certain family and medical reasons.

An illness, childbirth, or care for a sick immediate family member should not result in the loss of a job, and the FMLA protects employees from having to choose between the health and welfare of their family and their livelihood. Employees are entitled to up to 12 weeks of unpaid, job-protected leave per year.

The act has been used by employees more than 100 million times since it was enacted in 1993, allowing employees to welcome a new child into their homes via childbirth, adoption, or foster care; to care for an immediate family member (spouse, child, or parent) with a serious health condition; or to manage a serious personal health condition—all without worrying about losing their jobs.

The good news? FMLA works for both employees and employers when done right (91% of employers surveyed by the Department of Labor report a neutral or favorable impact on absenteeism, turnover, and morale with the FMLA).

However, we’ve seen the FMLA misused in a variety of ways by employers, and our experienced employment lawyers work for clients who are denied their legal right to take medical leave or who suffer retaliation, loss of wages, or termination for taking FMLA.

FMLA family medical leave act ,FMLA
FMLA family medical leave act ,FMLA

How Does FMLA Work?

The Family Medical Leave Act (FMLA) was designed to help employees take reasonable unpaid leave for certain family and medical reasons.

An illness, childbirth, or care for a sick immediate family member should not result in the loss of a job, and the FMLA protects employees from having to choose between the health and welfare of their family and their livelihood. Employees are entitled to up to 12 weeks of unpaid, job-protected leave per year.

The act has been used by employees more than 100 million times since it was enacted in 1993, allowing employees to welcome a new child into their homes via childbirth, adoption, or foster care; to care for an immediate family member (spouse, child, or parent) with a serious health condition; or to manage a serious personal health condition—all without worrying about losing their jobs.

The good news? FMLA works for both employees and employers when done right (91% of employers surveyed by the Department of Labor report a neutral or favorable impact on absenteeism, turnover, and morale with the FMLA).

However, we’ve seen the FMLA misused in a variety of ways by employers, and our experienced employment lawyers work for clients who are denied their legal right to take medical leave or who suffer retaliation, loss of wages, or termination for taking FMLA.

Got a Question you want to ask us?
Call 212-571-2000 or 415-262-0096

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