Prince William County FMLA and Leave Discrimination Lawyer
After a child is born or a someone becomes seriously ill, you may need time off to focus on healing and caring for yourself and your family. However, employers often do not see a situation this way. In many cases, an employer could discriminate against you for taking time off.
Getting independent legal advice from a skilled Prince William County FMLA and leave discrimination lawyer could help protect you and your family when an employer does not follow the rules regarding legal time off. The dedicated employment attorneys at the Spiggle Law Firm could advise you of your rights and suggest steps to help remedy your concerns.
What is FMLA and Who May Take Time Off Work?
The Family Medical Leave Act is a federal law that allows employees to take unpaid time off from work for family caretaking or health-related reasons without worrying about losing their job. Eligible employees may take up to 12 weeks of unpaid leave per year for a serious personal health condition or a health condition of an immediate family member. They may also use leave to care for a new child, including newly adopted or fostered children.
Private companies with 50 or more employees, public agencies, and elementary and secondary schools are typically subject to FMLA. While individual employees may access this leave, only after they meet the length of employment requirements. This requirement is typically set at working 1,250 hours over the previous year. A knowledgeable attorney could explain how a person could be eligible to use FLMA for time off.
Employer Obligations in Prince William County
Employers have obligations once an employee requests FMLA leave. Some of these actions include providing notice of an employee’s FMLA rights and instructions about applying for leave and continuing benefits.
While on leave, employers must allow people to continue their benefits, and returning employees have the right to continue in their prior job or a substantially identical position without any loss of status. Employees requesting leave also have certain responsibilities they must perform. This could include providing medical certification at an employer’s request. A Prince William County attorney could explain a person’s FMLA and leave discrimination rights.
Ways an Employers May Violate Leave Discrimination Laws
While most employees are able to request and obtain FMLA leave without issue, there are many ways that an employer may violate the law or discriminate against a person. This could include:
- Discouraging leave
- Requiring extensive or a particular notice
- Refusing benefits during leave
- Pressuring employees to return too early
- Reinstating to a different/unequal position
- Counting leave against an employee
- Retaliating employees for taking leave
Employees have the right to report FMLA violations or discrimination to the U.S. Department of Labor. If it becomes necessary, a diligent FLMA and leave discrimination attorney in Prince William County may suggest filing a private civil lawsuit to protect someone’s rights.
Allow a Prince William County FMLA and Leave Discrimination Attorney To Help
FMLA provides important job security for people who need to take time off from work for family and medical necessities. Employers could violate this or punish employees for accessing the time needed to recover or care for the family.
If you have questions about FMLA or believe that your employer has discriminated against you, getting legal advice from an experienced legal professional at the Spiggle Law Firm may be helpful.
Getting personal and professional advice could be an important step to understand your rights and work towards a fair resolution. Click here to learn how a Prince William County FMLA and leave discrimination lawyer could help you.