If you have been the victim of a Family Medical Leave Act violation, the Law Office of Fahim Rahman is ready to get you the compensation you deserve. Eligible employees who qualify for family and medical leave have every right to take the time they need without fear of discrimination, retaliation, or harassment by their employer. FMLA violations are a serious matter in the State of California and if you believe you have been treated unfairly or had your employment terminated for taking leave, you need an FMLA attorney on your side who is ready to fight for you.
The Law Office of Fahim Rahman has been defending employees’ rights in FMLA claims brought against employers who have denied benefits and dismissed employees unfairly.
The Family Medical Leave Act and How it Works
The Family and Medical Leave Act is a federal law enacted in 1993 that grants all eligible employees up to 12 weeks of unpaid leave under specific circumstances. When an employee requests this time away from work, any employer subject to FMLA requirements is bound by law to grant this request and is prohibited from dismissing, discriminating against, or terminating that employee for exercising his or her right which has been guaranteed under FMLA law.
This Act protects the rights of employees who need to take time away from work to treat a serious health condition, care for a family member with a serious medical issue, prepare for the birth of their child, or care for a recently adopted child or a child in their foster care.
Under the FMLA, employees should have no fear of losing their employment when they are taking this protected leave. But if your employer violates the Family and Medical Leave Act either before, during, or after your requested leave, or if your rights under the law have been infringed upon, you may be entitled to compensation. Our dedicated staff of FMLA leave experts have been defending employee rights against employers who are not in compliance with the law.
Understanding Your Rights Under the FMLA: Are You Eligible?
The FMLA applies to certain employees who have reached specific thresholds that make them eligible for up to 12 weeks of unpaid leave. The following criteria must first be met in order to qualify for protected leave from your job for the purpose of addressing your own medical condition or caring for another individual for whom you are responsible.
- You must have worked at your current place of employment for a minimum of one year and worked in that position for a minimum of 1,250 hours.
- Your place of employment is located in the private sector with 50 or more employees who reside within a radius of 75 miles of the workplace.
- Twelve weeks of unpaid leave is the maximum time allowed over a twelve-month period.
- Only qualifying family members are eligible for an employee to request FMLA leave. These include immediate family, such as a child, a spouse/domestic partner, or a parent. Siblings and grandparents are not qualifying family members, unless that person was a legal guardian when the employee was a minor.
Recognizing FMLA Violations
Employers who violate the FMLA will often choose their opportunities carefully, so as to not appear out of compliance with the FMLA. However, that shouldn’t mean you must forfeit your rights under the law because an employer has decided to commit a violation. The law can be confusing, that’s why it is so important to contact an expert FMLA lawyer at the Law Office of Fahim Rahman.
If your employer requests a medical certification or some other documentation from your doctor or a medical professional treating your seriously ill family member at the time of your request for FMLA leave, you will need to supply that paperwork before your request is granted. Your employer is within his or her right to ask for this documentation. It is a violation for your employer to request that you sign a medical waiver or release. When in doubt, do not sign anything that could take away your rights.
Terminating an employee while he or she is on leave is a direct violation of the FMLA. So is any termination when the employee returns from leave, if the employer cites that leave as part of the determining factor for termination. A less obvious but no less illegal violation occurs when the terms of employment are altered during the time the employee is on leave. This includes a decrease in compensation or adjustments to the terms of employment, such as a reassignment or demotion to a less desirable position or department within the organization.
Talk to an FMLA Lawyer Today
If you feel you have an FMLA claim, give us a call. Our FMLA lawyers can discuss the reasons why you feel you have been the victim of an FMLA violation and determine whether or not you have a case. Give us a call today, Don’t let your employer violate your rights under the law.