Leesburg FMLA and Leave Discrimination Lawyer
The Family Medical Leave Act (FMLA) and other laws grant employees the right to take a medical leave of absence from work under certain circumstances. Although these protections are available to qualified employees, some employers unlawfully discriminate against their employees when they request to take or actually take leave.
Our Leesburg FMLA and leave discrimination lawyers are available to help you in these difficult situations. At the Spiggle Law Firm, our dedicated discrimination attorneys represent people whose employers refuse to allow them to take a permissible leave of absence from work or who discriminate against an employee for taking leave.
Who Can Take Leave Under the FMLA?
The FMLA is a federal law that enables employees to take unpaid leaves of absence from work without job loss. However, not all Leesburg employees are entitled to take leave under the FMLA. Whether an employee is qualified to take leave depends primarily on how long they have been working for the employer and the size of the employer. Specifically, these requirements include:
- The employee has been working for their employer for at least one year
- The employee has worked at least 1,250 hours within the last year
- The employer has at least 50 employees within a 75-mile radius of the employee’s workplace
Provided that an employee meets these criteria, they are entitled to take up to 12 weeks of unpaid in stipulated circumstances. Companies with more than 50 employees, public agencies, and public or private elementary and secondary schools must adhere to the terms of the FMLA. Discriminating against an employee for exercising their rights under the FMLA is unlawful.
Permissible Reasons to Take FMLA Leave
Employees are not at liberty to take FMLA leave for any reason. The FMLA clearly establishes the circumstances under which an employee is permitted to take leave. Qualified employees are entitled to take unpaid leave and retain their jobs:
- To give birth and care for a newborn child
- To care for a child after placement for adoption or foster care
- To care for a parent, child, or spouse who has a serious health condition
- When they are suffering from a serious medical condition that renders them unable to perform their job duties
A significant benefit of the FMLA is that it protects employees facing these circumstances from losing their jobs. Employees who take FMLA leave should be given the same or a comparable job when they return. In addition, group medical benefits must also be maintained.
Additional Types of Leave in Leesburg
Other laws or internal employment policies may permit other forms of leave for public or private employees. Many state employees are entitled to a family and medical leave benefit for sickness, a death in the family, or other personal reasons according to the Code of Virginia § 51.1-1107.
Although most state laws regarding employment in Leesburg do not extend to the private sector, many private employers have their own policies that permit leave if an employee is sick or needs a bereavement day. A Leesburg FMLA and leave discrimination lawyer can explain what laws are applicable to a specific employer.
Consulting with a Leesburg FMLA and Leave Attorney
Do not let your employer interfere with or deny your rights to take a leave of absence from work. If you are being discriminated against at work as the result of FMLA or another type of leave, our team at the Spiggle Law Firm may be able to help you. Please do not hesitate to click here for a consultation. A skilled Leesburg FMLA and leave discrimination lawyer can evaluate our claim.