Protect Your Livelihood While Taking FMLA Leave

The United States falls far behind other countries in protecting employees who must take leave from work. What we have is the Family and Medical Leave Act, which grants qualifying employees of covered employers the right to take up to 12 weeks per year of unpaid leave from work to attend to certain family or medical matters. Far from perfect, the FMLA is an important employment protection when life circumstances interfere with our jobs.

Unfortunately, employers too often violate even the modest protections the FMLA guarantees. Employees may take FMLA-authorized leave only to be fired or replaced while they are gone. Or, they may return to work to discover that they have been demoted or otherwise penalized for taking FMLA-approved leave.

These actions are illegal. And if you have suffered discrimination, retaliation or other adverse actions because you took FMLA leave, you should speak to an experienced employment law attorney right away. When you hire EllisonLegal, you'll have an advocate who will aggressively fight for the compensation and justice you deserve.

What To Know About FMLA Protections

To be eligible for FMLA leave, you must:

  • Be employed at a location that has 50 or more employees of your employer (or work at a location within 75 miles of such a location)
  • Have worked for the employer for at least a year and put in at least 1,250 hours within the past twelve months
  • Have a qualifying reason to take leave, including:
    • A serious health condition that either requires you to be hospitalized or causes you to miss at least three days of work
    • A serious health condition of your spouse, child or parent which requires your presence to provide care (including emotional support)
    • The birth and care of your newborn baby
    • The placement of and adjustment to an adopted child or foster child

If you have questions about your situation, get in touch with our firm. We're here to answer your queries.

When Problems Arise

The best way to avoid FMLA violations is to have your FMLA leave approved in writing by the employer before you take it. But in cases of medical or family emergencies, this is not always possible. Your employer should make reasonable attempts to grant your leave quickly and even retroactively, when warranted.

Unfortunately, some employers use procedural missteps or deviations as an excuse to fire or penalize you for taking leave. If this happens to you or you experience a different kind of Family and Medical Leave Act violation, contact me to explore your legal rights and options.

Discuss Your Case With An Experienced Lawyer For Free

EllisonLegal is pleased to offer free initial phone consultations to prospective clients in Ann Arbor, Detroit and surrounding areas. To schedule a consultation, call 734-887-6534 or send me an email.