The Family Medical and Medical Leave Act, commonly known as FMLA, requires eligible employers to grant employees unpaid time off work to attend to specific health problems or family-related matters. However, not all employers understand the FMLA provisions, and some intentionally violate them.
If your employer did not grant your request for leave, prevented you from working the same job position after your leave, or fired you for requesting or taking leave, you are entitled to sue your employer for money damages, such as lost wages, benefits, and other related losses.
To determine whether you have a strong case against your employer, reach out to Olivier Schreiber & Chao LLP to discuss the circumstances of your case with our FMLA attorneys in the Bay Area.
Private employers that employ 50 or more employees as well as federal, local, and state employers must provide 12 weeks of unpaid leave in a year for these medical and family-related reasons:
An employer is also prohibited from stopping you, discriminating against you, or firing you when you request or take your FMLA leave. Likewise, you must be able to return to the same job position you were in before your leave. But in case this isn’t possible, your employer must assign you to another position with the same income and benefits.
This also means that your employer cannot deny you any benefits that you’ve earned before your leave and must continue providing health care coverage (if applicable) while you’re on leave. Take note, though, that you must continue paying part of your coverage costs (if applicable) during your leave.
Unfortunately, just because FMLA laws exist doesn’t guarantee that all employers will follow them. All too often, employees who really need to care for themselves or a family member try to continue working, which ultimately leads to reduced job performance and more issues later on. If you believe that you qualify for FMLA leave but your employer has interfered with or denied your legal rights, your best recourse is to seek legal advice from an experienced Bay Area FMLA attorney.
You can discuss your case with one of our FMLA attorneys in the Bay Area to figure out the best options for your specific circumstances, which could include filing a complaint with the DOL, negotiating a settlement with your employer, or suing your employer. Reach out to Olivier Schreiber & Chao LLP today and set up your free case review by completing our online contact form.
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