The Family and Medical Leave Act (FMLA) provides job protection for workers who are too sick to adequately perform their jobs. It also offers employment protection for people who need to care for a seriously ill family member.
The law provides you with up to 12 weeks of unpaid leave to address the health crisis without fear of losing your job. You do not have to take all 12 weeks, nor must the 12 weeks be taken consecutively.
After you have returned from your medical leave, your employer is required to place you back in the same position as the one you held before you left. If this is not possible, you must be placed in a position with similar responsibilities and pay.
FMLA Eligibility Requirements
You are eligible to take FMLA leave if you worked for your employer a minimum of 1,250 hours the previous year. Additionally, your employer must have a minimum of 50 employees available within 75 miles of your office.
For FMLA purposes, your illness or that of a family member needs to be serious but it does not have to be disabling. A family member is defined as a spouse, parent, grandparent, sibling, child or stepchild.
Unfortunately, not all employers play by the rules and you may find that you have been demoted or that your employer retaliated in another way for exercising your FMLA rights.
This is especially true in situations involving pregnancy, where a combination of improper FMLA implementation and pregnancy discrimination may deny an employee the leave allowed under the law.
Speak With An Attorney Today
If you have been unlawfully denied FMLA leave, contact the Law Offices of Kell A. Simon for a free case evaluation. You can call 512-898-9019 or contact us online. You will speak directly with attorney Kell Simon, who is a well-known resource for employment law matters in Austin and across Texas.