Do You Need a Family Leave Lawyer?
Are you an employee facing medical or family leave retaliation?
- Did your employer ramp up your workload after learning that you were going to need time off to deal with medical issues?
- Are you worried about what will happen to you if you lose your job after undergoing a costly medical procedure?
- Did you go out on leave only to find that your employer replaced you or eliminated your position?
The Family and Medical Leave Act (FMLA) permits an employee to take up to 12 weeks of unpaid leave during any 12-month period for pregnancy complications, maternity or paternity leave, care of the employee’s own serious health condition, or care of an immediate family member (spouse, child, parent) who has a serious health condition. A serious health condition entitling an employee to FMLA leave is any illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. In addition, the Americans with Disabilities Act provides additional protections for employees who may be suffering from medical ailments or need a “reasonable accommodation” from their employer.
People ask us:
The attorneys at The Employment Law Group® law firm are experienced in representing employees whose employers have interfered with their rights to take medical leave or have retaliated against them for taking such leave. We have litigated these matters in various District Courts and, most recently, successfully argued one client’s claim before the Fourth Circuit Court of Appeals.
In Summers v. Altarum Institute Corp., TELG successfully argued, in a precedent setting case, that the ADA Amendments Act protected employees who had to take leave to deal with a “sufficiently severe” temporary impairment. In Mary Kate Breeden v. Novartis Pharmaceutical Corporation, the United States District Court for the District of Columbia denied Novartis Pharmaceuticals’ motion for summary judgment, holding that a jury could find that Novartis retaliated against Ms. Breeden by cutting her sales territory when she announced that she was going to take leave. A jury eventually awarded Ms. Breeden $289,669 which was automatically doubled to $579,338.
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The FMLA prohibits an employer from firing, denying a promotion to, or demoting an employee because the employee requested or has taken family medical leave. Potential remedies include reinstatement and payment of lost wages, employment benefits, or any other loss sustained as a result of the employer’s violation of the FMLA.
Under the Americans with Disabilities Act, you may also be entitled to “reasonable accommodations” to ensure that you can continue to work effectively despite any lingering medical issues.
As with all legal claims, deadlines are crucial. Under the FMLA, you have two years from the date of the adverse action to file a claim of retaliation or interference. This does not, however, mean that you should sit idly on your matter as proving claims can become increasingly difficult as more time passes. Moreover, many other complementary statutes have much shorter statutes of limitations. If you wait for two years to file your FMLA claim, you may miss out on additional protections afforded to you under the law.
Frequently Asked Questions
What kind of retaliation protection does the FMLA offer?
The Family and Medical Leave Act (FMLA) permits an employee to take up to 12 weeks of unpaid leave during any 12-month period for pregnancy complications, maternity or paternity leave, care of the employee’s own serious health condition, or care of an immediate family member (spouse, child, parent) who has a serious health condition. A serious health condition entitling an employee to FMLA leave is any illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.
Employees Eligible to take FMLA leave
An employee is eligible to take FMLA leave if the employee:
- Worked for the employer for at least 12 months;
- Worked for the employer for at least 1,250 hours during the previous 12 month period before the leave; and
- Works at a location with at least 50 employees who are employed by the employer within 75 miles of that location.
Remedies under the FMLA
The FMLA prohibits an employer from firing, denying a promotion to, or demoting an employee because the employee requested or has taken family medical leave. Potential remedies include reinstatement and payment of lost wages, employment benefits, or any other loss sustained as a result of the employer’s violation of the FMLA.
Additional state and local protections
In addition to the federal Family and Medical Leave Act, certain states and local jurisdictions may offer additional or different protections for employees. For example, in the Maryland Flexible Leave Act (MFLA) provides coverage to many employees who would not otherwise be covered by FMLA. Additionally, the Virginia Human Rights Act may provide coverage to certain employees who have been denied leave on account of a medical condition.
