Fairfax FMLA and Leave Discrimination Lawyer
The Family Medical Leave Act, enacted in 1993, affords certain protections to workers in family and medical situations. After all, personal issues like having a new baby or needing to care for a family member who suddenly falls ill should not result in you losing their job.
If you needed to step away from work recently due to an issue that falls under FMLA protections and suffered maltreatment at work because of it, a Fairfax FMLA and leave discrimination lawyer from the Spiggle Law Firm could fight for your rights on your behalf. Call an experienced employment attorney today to schedule a consultation.
FMLA restrictions only apply to employers who have at least 50 employees in a localized area of 75 miles. If your employer’s operation is that size, then they must extend certain protections to you and other employees under this Act.
Essentially, the FMLA allows 12 weeks of leave per year to employees of such organizations for certain situations. These include the birth of a child, the development of a serious illness, issues related to family members being listed as active-duty military, fostering or adopting a child, or caring for a close loved one who has fallen seriously ill.
If your situation involves a close relative who is a qualifying member of the United States armed forces suffering a serious medical condition, the FMLA allows a total of 26 weeks of leave in each year. An FMLA and leave discrimination lawyer in Fairfax could help you determine what specific circumstances if any, qualify you for FMLA protections under the law.
Qualifying for FMLA
You could qualify for protection under the FMLA if you meet specific criteria. First, you must have worked for your current employer for at least one full year to qualify. Additionally, you must have worked at least 1,250 hours within that time frame.
Finally, your employer has to have a large enough operation to quality. This means that the employer must have at least 50 employees who work within a 75-mile radius. This means that a company with 30 employees in one office and 40 in a secondary office several states away would not be subject to FMLA regulations and would therefore not have to afford their employees these protections.
It can sometimes be difficult to figure out after returning from FMLA leave whether your employer is illegally retaliating against you. It could be the case that the market has changed, and work is scarcer than it was before you left. However, failing to give you an appropriate amount of work—also known as interfering with FMLA leave—is a form of illegal workplace discrimination.
Contacting a Fairfax FMLA and Leave Discrimination Attorney
A seasoned Fairfax FMLA and leave discrimination lawyer could use their experience and knowledge to determine whether or not you have an actionable legal claim. If you do, the Spiggle Law Firm could help you gather evidence of this discrimination and present a clear, convincing argument to the court.
If you feel you were discriminated against for exercising your FMLA leave rights, retaining qualified legal help be the best step you could take towards being compensated for your unfair and illegal treatment. If you are curious to know what your case could possibly be worth, try our free Case Assessment Calculator to get an online estimation.