Do You Have a Case Against Your Employer Under FMLA?
By Ryan Coisson
The Family and Medical Leave Act of 1993 (FMLA) literally revolutionized the American workplace by providing unpaid but unpenalized time off for workers who have a family health emergency or who have their own medical conditions requiring leave. Unfortunately, some employers violate FMLA by unfairly dismissing workers who take legal advantage of this right. If you suspect your rights under FMLA have been violated, here is what you should do.
Basic Rights Under FMLA
– Unpaid leave must be granted for: care for newborn child; care for immediate family member suffering from illness; employee must take care of own serious illness that prevents his working.
– You must be allowed to return to your previous or equitable position at equitable pay and benefit levels.
– You may not lose any accrued benefits obtain prior to your leave.
– You must be allowed to remain on any group health benefits during your leave.
What Your Employer May Not Do
– An employer is not allowed to dismiss or discriminate against you for opposing any practice made unlawful by FMLA or for exercising your rights under FMLA.
– An employer may not interfere with or deny an employee’s rights under FMLA.
What to do if you Suspect a FMLA Employer Violation
– Hire an experienced employment attorney to determine if you have a viable case.
– Immediately file a lawsuit with the Department of Labor or do so privately. You should do so within 2 years of the alleged violation.
– If you win your case you may be eligible to receive compensation for any monetary losses suffered.
FMLA is there to protect you and your loved ones: if you suspect your rights have been violated, the smart move is to contact an employment attorney in your area right away.
Rosenberg Law (http://www.rosenberglaw.com/) is a Houston employment lawyer. Ryan Coisson is a freelance writer.
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