Montgomery County FMLA and Leave Discrimination Lawyer
If you had to take leave either for your health or the health of a family member, there are certain laws in place meant to protect you. An employer may be violating federal law if they discriminate against employees who take protected leave.
If you were denied the opportunity to take medical leave from your job, a credible and compassionate employment attorney may be able to help you. The Montgomery County FMLA and leave discrimination lawyers from Spiggle Law Firm works with individuals in Montgomery County and the surrounding areas who experienced discrimination associated with requesting to take or taking a leave of absence from work.
The Family Medical Leave Act (FMLA)
Sometimes medical or family issues arise that require you to take time off work. The FMLA recognizes the occasional need to take time away from work to care for yourself or a sick family member.
The FMLA allows you to take up to 12 weeks of unpaid leave every year for family and medical care. Permissible reasons for taking leave under the FMLA include:
- Recovering from a serious health condition
- Caring for a parent, child, or spouse suffering from a serious health condition
- Caring for a newborn child
- Caring for a newly adopted or fostered child
All public agencies, public or private schools, and companies with more than 50 employees may be required to allow qualifying employees to take FMLA leave.
Eligibility for FMLA Leave
Not all employees are protected under the FMLA. You must satisfy three main criteria to have the right to take leave under the FMLA. To be eligible for FMLA leave, you must:
- Have been working for your employer for 12 months
- Have worked a minimum of 1,250 hours within the last 12 months
- Your workplace is within a 75-mile radius of a place where the employer has at least 50 employees
If you are eligible to take FMLA leave and not allowed to or punished for taking the leave, you may have a viable claim of discrimination. To find out if you are eligible for FMLA leave, reach out to a Montgomery County FMLA and leave discrimination lawyer today.
Maintenance of Health Benefits & Leave
If you were receiving health insurance coverage under a group policy prior to taking FMLA leave, employers may have to maintain that coverage while you are out on leave. They may also have to maintain coverage provided to your family members.
State employees in Maryland may be entitled to take a leave of absence for various reasons outside the scope of the FMLA including bereavement, jury duty, holiday, organ donation, personal, and military leave.
Returning from Leave
When you return from FMLA leave, you should receive either the same or a comparable position. Your compensation and benefits should also be the same as they were before taking leave.
If you are discharged for taking a permissible leave of absence under the FMLA, you may have a claim for discriminatory termination and be entitled to pursue damages. If you are permitted to return to work but are treated unfairly because you took time off, retain the services of a dedicated Montgomery County FMLA and leave discrimination lawyer today.
Work with a Montgomery County FMLA and Leave Discrimination Attorney Today
The knowledgeable Montgomery County FMLA and leave discrimination lawyers at the Spiggle Law Firm have the skills to help you evaluate your case. We strive to assist victims of FMLA and leave discrimination be able to take the leave they are entitled to and make sure their jobs are there for them when they return to work.
If you are interested in having a second opinion to determine whether you were the victim of unfair discrimination, speak with us. Our attorneys can review your case and help you determine your next steps.