What Is the Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family or medical reasons. The law applies to private-sector employers with 50 or more employees, as well as public agencies and schools.
Common reasons for taking FMLA leave include:
- Recovering from a serious health condition.
- Caring for a family member with a serious health condition.
- Bonding with a newborn, adopted child, or foster child.
- Addressing qualifying exigencies related to a family member’s military service.
Employers are required to restore employees to their original or equivalent positions after FMLA leave and must maintain their health benefits during the leave period.
Common Violations of FMLA Rights
Unfortunately, some employers fail to uphold their responsibilities under the FMLA, leading to violations such as:
- Denying Leave: Refusing to approve eligible FMLA leave requests.
- Retaliation: Demoting, firing, or otherwise punishing employees for taking leave.
- Failure to Reinstate: Refusing to return employees to their original or equivalent positions after leave.
- Interference: Creating obstacles or discouraging employees from using their leave rights.
How Mizrahi Kroub Can Help
At Mizrahi Kroub, we are committed to fighting for employees who have been wrongfully denied their FMLA rights. Here’s how we can assist you:
- Evaluating Your Case: We’ll review your situation to determine whether your employer has violated the FMLA.
- Explaining Your Rights: Our team will ensure you fully understand your rights under the FMLA and any state-specific protections that may apply.
- Gathering Evidence: We’ll collect documentation, such as medical records, leave requests, and correspondence with your employer, to build a strong case.
- Negotiating on Your Behalf: We’ll work to resolve disputes with your employer, seeking a fair resolution without the need for litigation whenever possible.
- Pursuing Legal Action: If necessary, we’ll file a complaint or lawsuit to recover lost wages, benefits, and damages caused by the violation.
Holding Employers Accountable for FMLA Violations
Employers who violate the FMLA not only break the law but also harm employees at their most vulnerable moments. Denying or interfering with FMLA leave can leave employees facing financial stress, health risks, or emotional distress. That’s why holding employers accountable is so important.
By taking action against FMLA violations, you can:
- Secure Compensation: Recover lost wages, benefits, and damages caused by the violation.
- Deter Future Violations: Legal action encourages employers to respect workers’ rights and follow the law.
- Stand Up for Fair Treatment: Protect your rights and help create a fairer workplace for everyone.
FMLA and Retaliation: What You Need to Know
One of the key protections under the FMLA is that employers cannot retaliate against employees for exercising their rights. Retaliation can take many forms, such as:
- Demoting or firing you after you return from leave.
- Reducing your hours or changing your role to one with fewer opportunities.
- Harassing you or creating a hostile work environment because you took leave.
- Punishing you for reporting FMLA violations.
Retaliation not only undermines your rights but also creates a toxic workplace culture. At Mizrahi Kroub, we fight to ensure that employees who experience retaliation after taking FMLA leave are fully compensated and their rights restored.
Mizrahi Kroub: Here to Protect Your Right to Leave
The FMLA is designed to support workers during times of need. If your employer fails to respect your rights, Mizrahi Kroub is here to fight for you. Contact us today to learn how we can help you seek justice and make sure your voice is heard.
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