Roanoke FMLA and Leave Discrimination Lawyer
The Family Medical Leave Act (FMLA) is a federal labor law that requires employers to provide unpaid leave to employees who need to take time off for medical and familial reasons. The FMLA also prohibits discrimination or retaliation against an employee for taking or attempting to take leave under the FMLA.
If you have taken protected FMLA leave and faced negative action from your employer as a result, one of our workplace discrimination attorneys could help you hold your boss accountable in court. With the help of a Roanoke FMLA and leave discrimination lawyer, you can get the compensation you are entitled to and get your career back on track.
Rights under the FMLA
Employees are entitled to 12 weeks of unpaid leave for childbirth, adopting a child, taking care of a relative in poor health, or recovering from their own medical condition. Business owners must maintain a worker’s benefits during their leave.
Furthermore, the FMLA states that an employee has the right to return to their job upon returning from leave. Specifically, workers must be given the same health insurance benefits and restored to the same position upon returning to work.
However, certain employees may be exempt from FMLA protections. For example, this law does not apply to those working in businesses with less than 50 employees, part-time workers, some salaried employees, and independent contractors.
Although this law is relatively straight forward, it is important to retain an attorney who understands how to apply the FMLA on a case-by-case basis. Determining what rights you have under the FMLA can be made easier with the professional help and guidance of a Roanoke attorney who is familiar with litigating leave discrimination in the workplace.
A common example of leave discrimination is the termination of an employee for taking FMLA leave. Placing a worker on a less favorable shift or in a demoted position upon returning to work and decreasing their pay could also form the basis of a successful civil claim against a business owner.
If leave discrimination does occur, you have options. If your employment rights were violated, you may file a lawsuit in civil court or a formal compliant of discrimination through the Department of Labor. Additionally, if you have been subjected to FMLA and leave discrimination in Roanoke, you only have two years to file a claim with an attorney’s help.
Get in Touch with a Roanoke FMLA and Leave Discrimination Attorney Today
The FMLA protects qualifying workers from discrimination on the basis of an employee’s need to take leave. If you recently returned from leave and have found yourself in a less favorable position, a skilled legal advocate from the Spiggle Law Firm could help you defend your employment rights in court and obtain the legal remedies you are entitled to.
Let a dedicated Roanoke FMLA and leave discrimination lawyer help you build a strong case against your employer. Call our team today to set up a free consultation with a professional.