Family and Medical Leave Act (FMLA) Claims

Under the Family and Medical Leave Act of 1993 (FMLA), qualified employees are entitled to take up to 12 weeks of unpaid, job-protected leave during any 12-month period for one or more of the following qualifying reasons:

• The birth and care of a newborn child of the employee
• Placement with the employee of a child for foster care or adoption
• The care of an immediate family member, such as a spouse, child or parent, who has a serious health condition
• The employee is unable to perform the essential function of his or her function because of a serious health condition

FMLA applies to employers with at least 50 employees. To be eligible for FMLA leave, an employee must:

• Work at a worksite within 75 miles of employer
• Have worked at least a total of 12 months for the employer
• Have worked at least 1,250 hours during the 12 months immediately before the date FMLA leave begins

The FMLA requires employers to restore employees who return from FMLA leave to the same or equivalent position with pay, benefits and responsibilities similar to the level that existed when leave began.

If you are having issues with your employer regarding violations of FMLA rights, you might want to consider contacting an attorney to assist and to guide you through the appropriate steps to determine what your rights are. Contact us online or at (212) 425.4250 for an initial interview. At that time, we will determine whether we believe we can help you and you will have the chance to decide whether you wish to invite us to do so.