The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with job-protected, unpaid leave for qualified medical and family reasons. Understanding your rights under the FMLA can help you balance work and personal responsibilities without fear of losing your job.
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Employees must meet certain criteria to qualify for FMLA leave:
- Work for a Covered Employer: Employers with 50 or more employees within a 75-mile radius must comply with FMLA.
- Length of Employment: Employees must have worked for their employer for at least 12 months.
- Hours Worked: Employees must have worked at least 1,250 hours during the previous 12 months.
What Situations Qualify for FMLA Leave?
FMLA provides up to 12 weeks of unpaid, job-protected leave in a 12-month period for:
- The birth, adoption, or foster care placement of a child.
- Caring for a spouse, child, or parent with a serious health condition.
- A personal serious health condition preventing the employee from working.
- Qualifying exigencies related to a family member’s military deployment.
Job Protection and Benefits Under FMLA
During FMLA leave, employees:
- Are entitled to return to the same or an equivalent job position.
- Must continue receiving employer-provided health benefits.
- Cannot be retaliated against for taking FMLA leave.
What to Do If Your FMLA Rights Are Violated
If your employer denies your FMLA leave or retaliates against you, take these steps:
- Document Everything: Keep records of leave requests, medical certifications, and employer responses.
- Report Violations: File a complaint with your HR department or the Department of Labor.
- Consult an Employment Lawyer: Seek legal assistance to protect your rights.
Legal Assistance for FMLA Violations
At Castronovo & McKinney, Employment Law Attorneys, we help employees enforce their FMLA rights and take action against employers who violate the law.
Contact Castronovo & McKinney, LLC
If you need legal assistance regarding FMLA rights, contact us today:
New Jersey Office:
71 Maple Ave, Morristown, NJ 07960
Phone: 973.920.7888
Fax: 973.920.7924
New York Office:
420 Lexington Avenue, Suite 1830, New York, NY 10170
Phone: 646.755.3781
Fax: 646.755.3781
Email: info@cmlaw.com
