Representing Present & Former Employees
In 1993, the Family and Medical Leave Act (FMLA) was put into place by the government. This important law states that every employer should offer up to 12 weeks of unpaid leave to any employee experiencing either a family or an individual medical hardship or need. During this time of leave, an employee’s job cannot be compromised or jeopardized, simply because they are required to be absent for the sake of their own health or that of their family.
Unfortunately, many employees do not know they have these rights. Even worse, some employers discriminate those who take off work, giving away their promotions to other employees, or even firing them from service. Do not despair if this situation is one you are facing. The dedicated Family Medical Leave Act violation attorney from the Hommel Law Firm is standing by your side.
Types of Medical or Disability-Related Leave Infringement
It might not be overtly obvious precisely how your employer is hindering your rights to family leave. While they might outright deny your leave request, they might also break the law in more subtle ways.
Some of the methods which your employer might try to diminish your rights include:
- Enforcing you to give too much notice – While you should give 30 days of warning before a “foreseeable” leave, such as a surgery that has been scheduled several weeks prior, there are emergency situations where no one could plan in advance. In these cases, you only need to give notice as is practical, and employers should not refuse to grant your request.
- Attempting to dissuade you from taking leave – When your boss, supervisor, or manager tries to make excuses to persuade you not to leave, or makes subtle promises about who will get more privileges for staying, or even threatens that you could lose your position or your job, this is illegal. Employers are restricted from trying to deny you of your FMLA rights in any form
- Deliberately or mistakenly miscounting your working time – If you have spent at least 12 months with your employer, or a sum total of 1,250 hours with the same company, then you are now eligible to receive FMLA leave. Some employers try to state that this means the sum total of hours worked at the moment of the request, but this is incorrect – the law refers to the total time you will have worked by the date of your leave.
Contact the firm now at (903) 412-3788 so that a dedicated employment law attorney can defend you against unjust infringements of your family leave rights.