Phoenix Family and Medical Leave Act (FMLA) Lawyer
When you are employed and you need to take a leave of absence due to your health or the health of someone that relies on you for their care, what are your rights? How can you ensure that you are protected when these needs arise? A federal law known as the Family and Medical Leave Act gives you these protections.
The Foster Group can help you understand the rights that are given to you under the Family and Medical Leave Act as an employee. If you believe that you qualify for FMLA and that your requests were denied, our Phoenix Family and Medical Leave Act attorneys can help you get to the bottom of it and get your leave approved or get you the compensation that is due to you. Schedule your confidential initial consultation now.
What is the Family and Medical Leave Act?
The Family and Medical Leave Act (FMLA) is a federal act that protects your right to take leave due to personal or family medical reasons. These protections were enacted in 1993 and have protected the American people’s rights to take leave to take care of themselves or their families while continuing to maintain their employment.
What Rights Are Protected Under FMLA?
FMLA states that an employee is eligible to take unpaid leave, while still maintaining their health insurance coverage.
Under this act an employee can take leave for:
- Up to 12 weeks of unpaid leave for
- the birth of their child, within 1 year of birth
- placement of a child for foster care or adoption up to 1 year after placement with the family
- Care of a family member with a serious medical condition
- Their own serious medical condition that prevents them from performing the normal duties of their position
- Any covered contingency in which their spouse, parent, or child are active duty military
- 26 work weeks of leave to care for an injured service member with a serious injury or illness if they are their spouse, parent, child, or next of kin.
These leave amounts are considered and allowed per 12 months.
The Foster Group understands that even with these allowances, you may not know if your leave request should have been approved. We can help you understand the terms and limits of FMLA and ensure that your rights afforded under this act are being protected and followed.
Which Employers Must Follow FMLA?
Not every employer must follow the FMLA. There are exemptions for companies with less than 50 employees within a 75-mile radius. Additionally, there are requirements that you, as an employee, must reach. To qualify for FMLA, you must work for the company for a minimum of one year, and also have worked at least 1,250 hours in the prior year.
When Your FMLA Rights Are Violated by a Phoenix Employer
The most common violations of FMLA are related to mental health and pregnancy leave requests. When you request leave for any reason protected under the Family Medical and Leave Act and you qualify under the guidelines to receive leave, even if it includes completing a doctor’s request for certain conditions, it is a violation to face any derogatory action from your employer. These actions can include, but are not limited to:
- Your request being denied
- Being given an impossible workload and once unable to complete the workload, being fired
- Being outright fired after your request is submitted
- Being demoted to a position that is beneath your previous position
- This includes your hours or pay being cut as a result of taking FMLA leave
- Having eligibility for a promotion revoked
- Having to start over from the beginning and losing all seniority that you held prior to taking leave
- Having new tasks and requirements added to your position that you previously were not doing and that you physically cannot handle
- Being put on “Mommy Track” which stunts your growth within the company, and stagnates your earnings, so that you can better care for your children and other dependents
What Can You Do If Your Rights Are Violated?
The Phoenix Family and Medical Leave Act lawyers at The Foster Group know and understand the stress that FMLA violations can add to an already difficult situation. That is why we are here and ready to fight for you. When your rights are violated, it can leave you feeling hopeless and unsure where to turn. Our law office is here to help you. We want to help protect your rights as they are given to you under FMLA, and we will help present your claim and fight for the compensation that you deserve. Contact us today for your confidential initial consultation.