We Protect You In Family And Medical Leave Act Matters

Under the federal Family and Medical Leave Act of 1993 (FMLA) an employer with 50 or more employees must provide its employees with as many as 12 workweeks of unpaid leave in a 12-month period for the following reasons:

• Because of the birth of a son or daughter of the employee and in order to care for such son or daughter
• Because of the placement of a son or daughter with the employee for adoption or foster care
• In order to care for the spouse, or a son, daughter or parent, of the employee, if such spouse, son, daughter or parent has a serious health condition
• Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee
• Because of any qualifying exigency arising out of the fact that the spouse, or a son, daughter or parent of the employee is on covered active duty, or has been notified of an impending call or order to cover active duty, in the Armed Forces.

Additionally, an employee who must care for a member of the armed forces may be eligible for up to 26 workweeks of leave. For an employee to be eligible for FMLA leave, he or she must have worked for the employer for at least one year and must have worked at least 1,250 hours during the preceding twelve-month period. If you suspect your employer is denying your rights, contact Shay, Santee, Kelhart & Deschler LLC in Bethlehem, Pennsylvania. We are a skilled law firm and good at what we do.

Employers Cannot Deny Your FMLA Rights

An employee is entitled to retain his or her employment benefits, such as health insurance, while out on FMLA leave. When an individual comes back to work following leave, he or she is entitled to be restored to the same or equivalent position with equivalent benefits as he or she held prior to going out on leave.

Employers are prohibited from interfering with, restraining, or denying the exercise of or the attempt to exercise an employee’s rights under the FMLA. Likewise, employers are prohibited from retaliating against employees for complaining about an employer’s denial of an employee’s FMLA rights.

Further, if, after an employee has exhausted his FMLA leave for his own health condition and the condition has not resolved, the employee may be considered to have a disability. In that case, the Americans with Disabilities Act might prohibit the employer from discriminating against the employee on the basis of his disability. For more information on this topic, see our section on Disability Discrimination.

Contact A Lawyer Prepared To Stand Up For You

If you believe you have been denied your FMLA rights or have been discriminated against for pursuing your rights under the FMLA, call an employment discrimination attorney at Shay, Santee, Kelhart & Deschler LLC in Bethlehem, Pennsylvania, immediately to discuss your case. We can assist you in understanding your rights and options and help you evaluate the strength of your case. Do not lose your right to bring a claim and get the relief you deserve. Schedule an appointment with us or call 610-295-5328.