Charlottesville FMLA and Leave Discrimination Lawyer

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The Family and Medical Leave Act (FMLA) is a federal law which was passed in 1993, and it requires all Charlottesville employers with 50 or more workers to provide up to three months of unpaid leave for specified medical or family reasons. Business owners who discriminate against employees for exercising their rights would be in violation of the FMLA and could be held accountable in court.

If you are facing adverse treatment at work for taking or requesting unpaid time off, you owe it to yourself to speak to an experienced Charlottesville FMLA and leave discrimination lawyer. A knowledgeable workplace discrimination attorney could help you assert your rights and seek available legal remedies such as compensation and backpay.

Employee Eligibility for Family and Medical Leave

Unfortunately, not every employee is protected under the FMLA. For instance, they must work at a company with at least 50 employees within a 75-mile radius of each other. Additionally, an employee must have worked for at least a year and have accumulated no less than 1250 hours of work, which is equal to approximately 25 hours per week over the course of a year.

However, employees in certain types of jobs are exempt from these employment protections, and others may be subject to slightly different requirements. Determining whether you are exempt from FMLA regulations based on your employment can be made easier with the professional guidance of a Charlottesville FMLA and leave discrimination attorney.

Valid Reasons to Take Leave

The FMLA specifies when employees may exercise their right to take leave. Under 29 United States Code §2612, eligibile employees may take up to 12 weeks of unpaid leave per year to:

  • Care for a newborn child
  • Care for a newly adopted child
  • Care for a child, spouse, or parent with a serious health condition
  • Tend to certain military obligations

It can be challenging to define a qualifying serious health condition. 29 U.S.C. §2611(11) defines a serious health condition as an illness, injury, impairment, or physical or mental condition that requires ongoing medical treatment. A FMLA and leave discrimination lawyer in Charlottesville could help an employee demonstrate that their reason for requesting or taking time off was valid.

Consult a Charlottesville FMLA and Leave Discrimination Attorney Today

When employees return from leave, they should be able to resume their prior jobs or work in equivalent positions. If an employer places an employee on a job with reduced pay, diminished benefits, more or fewer responsibilities, or other unfavorable characteristics, they may be in violation of employment law. Business owners also violate the law when they postpone reinstatement of an employee returning from qualified leave or cause delay in providing benefits.

A Charlottesville FMLA and leave discrimination lawyer could negotiate with defense attorneys to achieve your objectives or help you seek monetary compensation through civil litigation. Working with an experienced legal advocate can help ensure that you are taking advantage of all available opportunities and adhering to deadlines and other applicable requirements. For a free consultation to learn how an attorney from the Spiggle Law Firm could help your case, call us today.