Arlington FMLA and Leave Discrimination Lawyer
Under the 1993 Family and Medical Leave Act, or FMLA, certain employers are required to allow time away from work for their employees in specific situations relating to family matters and matters of medical necessity. If you feel that you were unfairly treated, denied your FMLA benefits, or otherwise discriminated against by your employer, an Arlington FMLA and leave discrimination lawyer could advise you on the proper legal steps you could take to protect your rights. Call one of our experienced attorneys at Spiggle Law Firm today to get started.
Qualifications for the FMLA
To be considered responsible for FMLA leave, an employer must have 50 or more employees who work within 75 miles of one another. Organizations that have fewer than 50 employees are exempt from FMLA regulations, as are companies with multiple offices in separate locations that each have fewer than 50 employees.
There are additional conditions that you yourself must meet to be allotted work leave under the FMLA. First, you must have worked for the organization from which you are requesting leave for at least one year. Second, during that same year-long period, you must have clocked at least 1,250 working hours. A failure to meet either of these criteria may mean that you are not guaranteed leave under the FMLA.
Length of FMLA
The FMLA allows for 12 weeks of leave for eligible employees within a 12-month period. However, not all work leave is covered under the FMLA. Situations for which you could seek leave under the FMLA must involve family matters or medical necessities, such as a serious illness to the employee, a serious illness to their close relative, the adoption or fostering of a child by the employee, or the birth of a baby.
Complications that arise from having a relative who is classified as active-duty in the military may also be covered under the FMLA. In fact, the exception to the 12-week leave rule is when your absence from work is to care for a close family member who is a qualifying member of the armed forces. In this specific situation, the FMLA allows for 26 weeks of work leave. To find out how FMLA applies to your situation, contact an FMLA and leave discrimination attorney in Arlington.
How Some Employers Discriminate Against Workers
There are several ways in which your employer may fail to comply with the FMLA. The most obvious is to deny you the amount of leave that the FMLA requires. However, some other situations are subtler. For instance, your employer could fire you before you take your leave or may discriminate against you after you return to work.
Retaliation can take many forms, including a hostile working environment or a failure to provide the same level of work that you were managing before your leave took place. These can be difficult issues to prove in court, though, because there may have been significant business issues during your leave that lessened the amount of work legitimately. A situation such as that would not legally be considered retaliation.
How an Arlington FMLA and Leave Discrimination Attorney Could Help
The best way to be sure about whether you were discriminated against could be to contact an Arlington FMLA and leave discrimination lawyer as soon as possible. The experienced legal team at the Spiggle Law Firm could use their experience and legal knowledge to advise you and help you navigate an often-complex legal system so that your rights are protected and you receive the leave that you are entitled to under the law. Call now to get started on your case, or click here to use our Case Assessment Calculator to get an online estimate in advance of what your case could be worth.