Do you need an attorney experienced with The Family and Medical Leave Act? Do you believe your rights under the FMLA have been impacted by your employer? If so, The White Law Group may be able to help.
The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, et seq. (“FMLA”) provides that eligible employees may take up to twelve (12) weeks of unpaid leave during any twelve-month period, for any of four general reasons:
1. For the birth and care of a newborn child;
2. Adoption placement;
3. Care for an immediate family member (spouse, parent, or child) with a serious health condition; or
4. To take medical leave because the employee is unable to work due to a serious health condition.
In general, employers covered by the FMLA must have at least fifty (50) employees for at least twenty (20) weeks preceding the filing of a federal complaint, and must be engaged in commerce or in any industry affecting commerce.
In order to be eligible for FMLA leave, an employee must have been employed by the employer for at least twelve months (12) and at least 1250 hours during the twelve (12) months immediately preceding the leave.
Generally, an employer may not interfere with any eligible employee’s FMLA rights. For example, it is a violation of the FMLA to fail to notify or inform an employee of his or her FMLA rights once the employer has notice of any condition which may qualify the employee for leave (i.e. an employer fails to make you aware of your right to take leave after the birth of a child). It is also a violation to deny an employee of properly requested leave, or to fail to reinstate the employee at the end of leave.
Additionally, employees must be reinstated to the same or an equivalent position after return from leave. Further, the employer is prohibited from retaliating against any employee for exercising his or her rights under the FMLA.
If you believe that your employer has violated the FMLA, a lawsuit claiming violation of the Family and Medical Leave Act must be filed within two years of the unlawful act. If the employer has willfully violated the FMLA, an employee has three years to file suit.
If your employer violated the FMLA, you may be entitled to back pay, actual monetary loss sustained as a result of the violation (up to twelve weeks (12) of pay), liquidated damages equal to the amount of money lost by the plaintiff, injunctive relief, and attorneys’ fees.
If you have questions about your rights under the FMLA, or feel that your employer has violated the FMLA, contact The White Law Group at 312/238-9650 to speak to a Chicago Employment attorney.
For more information on The White law Group visit http://www.wlgattorneys.com.