Tysons Corner FMLA and Leave Discrimination Lawyer
Life does not always go as planned. You have no control over when medical issues arise or how long they last. However, there are laws in place that allow you to take family or medical leave to care for yourself and your loved ones.
Our dedicated attorneys at the Spiggle Law Firm understand the nuances of the Family Medical Leave Act (FMLA) and other laws surrounding leave from employment. A Tysons Corner FMLA and leave discrimination lawyer can work to protect your job when you need it the most.
The FMLA is a federal law that establishes guidelines for permissible medical and family leave from employment. Under the FMLA, qualified employees are entitled to an annual unpaid leave of up to 12 weeks for certain reasons.
To receive coverage under the FMLA, you must have been working for a minimum of one year for your employer. In addition, you must have worked at least 1,250 hours within the last year. The final caveat to securing status as a qualified employee is that the employer must have at least 50 employees within a 75-mile radius of your workplace. If these conditions are not satisfied, you may not be entitled to benefits under the FMLA. Any group medical benefits you were receiving prior to taking leave must be maintained under the FMLA. For more information about FMLA qualifications, call a Tysons Corner FMLA and leave discrimination lawyer.
Types of Leave
The FMLA only applies to certain types of leave. For an employee to have these protections, they must be taking a qualified type of leave. It also only applies to certain types of employers, they include:
- Companies with more than 50 employees
- Public agencies
- Public or private schools elementary and secondary schools
While many employees consider maternity leave to be distinct from a medical leave, it is actually a form of medical leave covered by the FMLA. Specifically, eligible employees may be able to take leave to give birth and care for their newborn child. In addition, leave may also be permissible if an employee is in the placement process for adopting or fostering a child.
Serious Health Conditions
The FMLA allows employees to take leave to care for an immediate family member who has a serious health condition. Immediate family members are defined as parents, children, or a spouse. Employees who are suffering from a serious medical condition and are not able to perform their job duties, as a result, may also be entitled to take leave under the FMLA. An employer cannot discriminate or retaliate against you for taking off to care for a seriously ill family member.
Other Types of Leave
The FMLA does not cover all permissible leaves of absence from work. State law or a company’s internal employment policies may govern other types of leave such as time off for bereavement, jury duty, sick time, vacations, or holidays.
The Virginia Sickness and Disability Program (VSDP) does provide state employees with benefits for sick, family, and personal leave from work. Eligibility for VSDP coverage is complex and may depend on several different factors including an employee’s reason for taking leave and their length of employment.
Since the VSDP only applies to state employees in Tysons Corner, most workers may have to rely on the FMLA when seeking grounds for taking a permissible leave of absence from work.
Get Help from a Tysons Corner FMLA and Leave Discrimination Attorney
We do not want to see anyone lose their job because they had to take the time to deal with a medical condition or family emergency. If you are concerned about losing your job or you lost your job because of taking a permissible medical leave of absence, our attorneys at the Spiggle Law Firm may be able to help.
Our Tysons Corner FMLA and leave discrimination lawyers are knowledgeable about the intricacies and application of the FMLA and other laws governing medical leave. Contact us today to learn more. If you want your FMLA and leave discrimination case reviewed by our attorneys, click here for a no-cost online review.