The Family Medical Leave Act (FMLA) requires employers to allow eligible employees to take up to 12 weeks of unpaid leave per 12-month period for: the arrival of a new child, to care for a family member who is suffering from a serious health condition, or to deal with the employee’s own serious health condition. While on FMLA leave, employees are entitled to the same health benefits that they would have received had they not taken leave. When an employee returns to work after FMLA leave, the employer must allow them to return either to the same position or to a position equal in pay, benefits, and other terms and conditions of employment. Problems arise when employers interfere with qualified employees from exercising their FMLA rights, or when they discriminate or retaliate against employees for exercising their FMLA rights.
Bryant Legal Group PC will aggressively pursue employers who ignore employee rights that are guaranteed under FMLA and ensure that workers have the opportunity to care for a newborn child, a newly adopted child, to attend to their own serious health or life-threatening medical condition, or care for a family member, such as their mother or father, who suffers from a serious health condition.