Reston FMLA and Leave Discrimination Lawyer
The Family Medical Leave Act of 1993 (FMLA) requires employers to offer workers the opportunity to take unpaid leave for medical situations affecting themselves or their families. Reston business owners are not allowed to retaliate against employees who take advantage of the leave provisions of this and other laws in order to deal with pressing medical issues.
However, many employers deny leave despite the legal requirements. If your boss has subjected you to adverse treatment based on your attempt to address medical issues, a Reston FMLA and leave discrimination lawyer can help. An experienced workplace discrimination attorney could help address the wrongs you have suffered and file a claim for legal recovery.
Applicability of the FMLA
The first step to addressing leave discrimination is to determine which laws apply to your situation. Protections offered by the FMLA apply to those who work for public agencies and schools as well as private employers with at least 50 employees operating for at least 20 weeks in the current or previous year.
To be eligible for leave provisions, you must have worked at least one year for the same employer and have accumulated at least 1,250 work hours during the previous year. Moreover, you must work at a location where your company employs at least 50 employees. A Reston leave discrimination and FMLA attorney could determine whether any other federal, state, or local provisions apply to your circumstances and build a strong case accordingly.
Leave Regulations Outlined in the FMLA
Eligible workers may take up to 12 weeks of unpaid leave to attend to certain issues covered under the law. Permissible reasons to take family or medical leave include:
- Birth and care of a child
- Pregnancy complications
- Placement of an adopted child or foster child
- Caring for a spouse, child, or parent with a serious medical condition
- Personally suffering from an adverse condition
While you are on family leave, your employer must continue to provide health insurance benefits. At the end of a leave period, you should be returned to the same or equivalent position. If you were required to return to an unsatisfactory employment situation, a FMLA and leave discrimination lawyer in Reston could help you seek compensation.
Eligible employees may take up to 12 weeks of leave each year. This time may be lengthened for caring for a family member who was injured during active military service.
Discriminating Against an Employee for Taking Leave
Employers are prohibited from interfering with a worker’s ability to exercise their FMLA rights. However, business owners may request documentation and advance notice in certain situations. An employer who unlawfully prevents you from taking guaranteed leave or retaliates against you for doing so could be held liable and required to pay compensation with the help of a qualified attorney from the Spiggle Law Firm.
Talk to a Reston FMLA and Leave Discrimination Attorney Today
In some situations, the U.S. Department of Labor will investigate complaints of alleged FMLA violations. Otherwise, you have the right to file a lawsuit to address violations thereof.
If you faced discrimination for exercising your right to take family leave, talk to an experienced Reston FMLA and leave discrimination lawyer to learn more about your options. Through the complaint process or legal action, you may be able to help yourself and other employees facing similar situations. For a free consultation with our firm, call today.