The Family and Medical Leave Act (FMLA) guarantees eligible employees protections under the law to take up to 12 weeks of unpaid, job-protected leave for specified family and medical reasons. Employees should be able to return to their jobs with no repercussions. It is important to know your rights to protect yourself from an employer who may try to take advantage of your time away from work.
First, ensure that you are an eligible employee by making sure you are an employee who:
- Works for a covered employer;
- Has worked for the employer for at least 12 months;
- Has at least 1,250 hours of service for the employer during the 12 month period immediately preceding the leave;
- Works at a location where the employer has at least 50 employees within 75 miles.
Your Right’s Under FMLA
- The employer cannot violate or take away an employee’s rights under FMLA and they cannot refuse or discourage an employee from using FMLA leave
- The employer must recognize an employee’s request for FMLA leave
- They must not make it difficult for an employee to take FMLA leave
- The employer cannot fire or discriminate in any way against an employee who has used FMLA leave time
- The employer must reinstate an employee at their previous level of employment
- The employer must reinstate the employee at their same job or a job that is equivalent in all aspects such as pay, location, benefits, job duties
- The employer is not allowed to make the employee work while on leave
- The employee does not have to be available at any time to work while on leave
- The employer cannot use the employee’s request for FMLA leave as a negative factor in employment actions such as hiring, promotions, or disciplinary actions
FMLA Retaliation Attorney Cindra Dowd
If you believe your rights are being violated, contact Virginia employment attorney Cindra Dowd.
Attorney Cindra Dowd has successfully settled claims on behalf of employees. Having a dedicated and experienced litigator on your side can help you gain back what you have lost.
“Many people feel confused and helpless. They don’t know what to do and feel that they have no choice but to endure the situation. I have been working with victims for years to protect their rights and obtain compensation for the wrong they have suffered.”
Call today to set up a confidential consultation and begin exploring your options. These consultations are free and no-risk, giving victims the power to pursue justice if they desire.