Richmond FMLA and Leave Discrimination Lawyer
Businesses with more than a certain number of employees must comply with Family and Medical Leave Act (FMLA) protections for employees who need to take time off of work for familial responsibilities or medical issues. Employees who work at a company for at least 12 and have logged more than 1250 hours are eligible to take FMLA leave.
Employers do not have to pay an employee while they are on leave, but they do have to return them to their original position upon their return. It is also illegal to retaliate against a worker for taking FMLA leave.
If your boss violated your rights, a skilled Richmond FMLA and leave discrimination lawyer may be able to help. A dedicated workplace discrimination attorney from the Spiggle Law Firm could guide you through litigation and court proceedings to help you obtain compensation from your employer.
What is FMLA Leave?
The FMLA affords workers 12 weeks of unpaid leave for many situations. For example, the birth of a child and care of a newborn, as well as the placement of an adopted child with a worker may qualify an employee for FMLA protections. Caring for a spouse, child, or parent of an employee may also warrant FMLA leave. Additionally, you may take leave for emergencies related to your family member’s military service as well as for any serious health condition that prevents you from performing your essential duties.
Employees who take this time may use it or divide it as they see fit. For instance, you can take six two-week periods off during the course of a year instead of 12 continuous weeks. A business owner who retaliates against an employee for taking leave could be held liable in court with the help of a seasoned Richmond FMLA and leave discrimination attorney.
FMLA Rules and Regulations
Business owners who employ more than 50 workers are required to post a notice of FMLA regulations in plain view. Employers must also include a handbook outlining FMLA rights and responsibilities of an employee upon hire.
The FMLA does not require you to cite a reason for taking time off, but your boss must notify you of your rights under federal law whenever you request leave. In other words, it is an employer’s responsibility to inform a worker that their absence will be considered FMLA leave.
Furthermore, it is legal for employers to require medical certification for leave requests related to health conditions, but they may require recertifications to allow workers to return to their jobs.
Once you return to work, your boss must reinstate you to your original position or one with equal pay, duties, and benefits. A business owner who demotes or terminates an employee for taking leave could be required to pay compensation for lost wages and other related damages. For help with pursuing your employer, reach out to a knowledgeable FMLA and leave discrimination lawyer in Richmond.
Contact a Richmond FMLA and Leave Discrimination Attorney Today
If your employer violated your FMLA rights, you should retain legal representation before entering litigation. A well-versed Richmond FMLA and leave discrimination lawyer could help you obtain compensation and hold your boss accountable for their misconduct. Call today to get started on your case.