The Basics of FMLA Violations

January 19, 2018 Admin Family and Medical Leave Act

With all the best will in the world, family and medical emergencies do happen from time to time. If it hasn’t happened you yet, chances are it will at some point, although it’d be great never to have to deal with such a potentially tricky time. The Family and Medical Leave Act, or FMLA, was designed to stop employers from penalizing their employees for attending to these emergencies but, as always, there are still some who will try to work around the FMLA, or act as though it doesn’t apply to them.

Common FMLA Violations

Under the terms laid out by the FMLA, you are entitled to take a reasonable paid leave of absence should a medical emergency, or family matter, crop up. This may include, but isn’t limited to, attending the birth of your child, or caring for an unwell parent, spouse or child. Perhaps a member of your immediate family has developed a serious illness, and needs you to care for them. While you may be more than happy to help, problems at work are the last thing you need when you’re already in such a stressful position.

If your employer has done any of the following while you’ve been on leave for a reason covered by the FMLA, you may benefit from the services of a Pasadena Family Medical Law Act violation attorney:

  • Wrongful termination of an employee’s contract due to ill health
  • Demoting an employee after they have either given birth, or been absent due to a medical condition
  • Dismissing an employee who is caring for an ill child, spouse or parent
  • Loss of, or unfair withholding of, pay and benefits

Do I Qualify For Family And Medical Leave Act Protection

The FMLA and, as such, a family medical leave act violation attorney, can only protect you if you’ve satisfied the qualifying criteria. Whether you’re in Pasadena or elsewhere, you could be protected under the FMLA if you:

  • Have worked with the same employer for at least 12 months, and for a minimum of 1,250 hours, before taking any FMLA leave. Any sick leave, holidays, or other absences do not count towards these hours
  • Work for an employer who is eligible
  • Work within a 75-mile radius of a worksite, operated by your employer, that employs at least 50 people

A Pasadena FMLA violations attorney should be able to answer any questions you may have, particularly as there can be some exceptions to these rules.

What Can A Pasadena Family And Medical Leave Act Violation Attorney Do for Me

Simply put, we can make sure you’re not disadvantaged by an employer’s FMLA violation. If you’ve been terminated or have wrongfully lost wages due to a matter covered by the FMLA, we will look after your best interests and protect your rights. Rager & Yoon – Employment Lawyers’s main Family Medical Leave Act Violation attorney, Jeffrey Rager, has helped clients win around $30 million in these circumstances, and has been a Top 100 Attorney every year since 2012.

To schedule a consultation in our Pasadena office to discuss your Family Medical Leave Act violation with a highly-experienced attorney, call 310-527-6994 today.

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