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The Family Medical Leave Act (FMLA) entitles eligible employees to take unpaid time off work for family or medical reasons and requires employers to reinstate the employee’s position when they can return to work. Unfortunately, employees often find that their boss isn’t too happy about them taking off work and can experience harsh pushback at work and even outright termination of their job.
Whether you need to take time off work or are experiencing difficulties with your employer after taking FMLA leave, we can help you through the legal process. Call us at (815) 289-3209 to discuss your situation with a Rockford FMLA lawyer.
In order to determine whether you are eligible to take time off work under FMLA, there are two preliminary requirements you must meet: (1) working for a “covered employer” under the FMLA; and (2) the duration of your employment.
Covered Employer
The FMLA only applies to certain employers. In order to qualify for FMLA leave, your employer must fall within one of these categories:
Eligible Employees
Only eligible employees are entitled to FMLA leave. In order to be considered an “eligible employee” under the FMLA, you must meet the following criteria:
If you work for a “covered employer” and you are an “eligible employee” then you can take up to 12 workweeks of leave in a 12-month period for one or more of the following reasons:
Military Families
If you have a spouse, son, daughter, or parent, who is a military member then you qualify for additional categories of leave which include:
We can help you determine whether you are entitled to FMLA leave which includes an assessment of whether your employer is a “covered employer,” whether you qualify as an “eligible employee,” and whether the reason for your leave falls within the FMLA statute. We will prepare a written notice stating that you are taking FMLA leave and send it to your employer. Your employer may require a medical certification from your doctor and may require a second medical opinion and periodic recertification.
Under the FMLA, your employer may not interfere with your FMLA leave, discriminate or retaliate against you for taking or requesting FMLA leave, or take any adverse action against you and your job because you took FMLA leave. The following are some examples of common ways employers violate the FMLA:
If you have complied with all the provisions of the FMLA then your employer must reinstate your exact position or an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. If your employer refuses to reinstate your position, puts you into a lower position, or outright terminates you, then you have the option of bringing a lawsuit against your employer.
We will work to get your job back or secure financial compensation in the form of a severance agreement. If your employer won’t budge, we always have the option of taking your case to court and receiving an award for wages you would have earned if you were working as well as additional amounts for liquidated damages and attorneys’ fees.
FMLA claims can get complicated and require a very technical understanding of FMLA rules and regulations. We understand that dealing with injury or illness is stressful enough without having to worry about your job and the technical requirement of the FMLA. We help clients through various stages of FMLA claims.
Whether you want to know if you are eligible to take FMLA leave, are already on FMLA leave and experiencing problems with your employer, or have recently been terminated due to an FMLA leave, the Law Office of Adrian Murati is here to help you. You can call us at (815) 289-3209 to speak to a Rockford attorney about your FMLA claim.