Family And Medical Leave Law Violation Advocacy In West Chester

Whether you are about to welcome a new child or care for an ailing parent, the last thing you should worry about is losing your job. The Family and Medical Leave Act (FMLA) ensures that you can take job-protected, unpaid leave for these critical family and medical needs. It should allow you to focus on what matters most, without fear of losing your job or your benefits. 

Unfortunately, not all employers respect these legal protections. Some may deny legitimate FMLA requests. Others may even retaliate against employees for taking leave by firing or demoting them. When these violations of your FMLA rights occur, our attorneys at Bellwoar Kelly, LLP, are ready to provide you with skilled and aggressive advocacy. 

Understanding Your Eligibility And Rights Under The FMLA

The FMLA allows eligible employees to take a 12-week leave for family and medical-related reasons. These can include the birth, adoption or foster care of a child, or caring for an immediate family member with a serious health condition. You may also take leave if you have your own serious health issue that prevents you from doing your job. FMLA covers certain military family emergencies as well, including care for injured servicemembers. This can be up to 26 weeks in a single 12-month period for military care.

An employee is eligible for an FMLA leave if they: 

• Work for a covered employer, which includes private businesses with 50 or more employees nearby, government agencies and all public or private schools, no matter their size
• Worked for your employer for at least 12 months, and these months do not have to be in a row
• Worked at least 1,250 hours in the 12 months just before your leave starts
• Work at a location where your employer has 50 or more employees within a 75-mile radius (for private businesses)

During FMLA leave, your job is secure. This means your employer must give you your same job back, or a very similar one, when you return. Moreover, your employer must keep your group health insurance going, under the same terms as when you were working. 

Can An Employer Deny An FMLA Leave?

Yes, an employer may deny an FMLA if you do not meet the eligibility requirements. However, if you are eligible, they cannot deny your leave without a valid, FMLA-approved reason. This can include the failure to provide required medical certification or notice, or if the requested leave goes beyond one’s FMLA entitlement.

Beyond denying a valid FMLA leave request, an employer also cannot:

• Punish an employee for asking for or taking FMLA leave, such as by firing them, demoting them or giving them bad performance reviews
• Make it difficult for an employee to use FMLA rights, such as demanding too much notice or asking for too much medical information
• Fail or refuse to count your FMLA-eligible time off as FMLA leave, leading to you using up your vacation or sick days instead of protected FMLA time
• Stop an employee’s health insurance during FMLA leave
• Refuse to give an employee their original job, or a similar one, back after FMLA leave

If you experienced any of the above violations, you have the right to take legal action and hold your employer accountable. Our FMLA violation lawyers will assess the strength of your case, prepare and file necessary documents and represent your interests in court or in settlement discussions.

What Should You Do If You Were Fired While On FMLA Leave?

While the FMLA doesn’t protect you from termination for unrelated, valid reasons, such as a company layoff, firing someone because they took FMLA leave is often illegal. If this happens to you, it’s important to:

• Document everything: Keep all papers about your leave, medical notes, and termination. Note dates and names.
• Know the reason: Understand why your employer says you were fired. Was it performance or a layoff that affected others as well?
• Seek legal advice: Talk to an FMLA violation lawyer immediately. Our attorneys at Bellwoar Kelly, LLP, have decades of combined legal experience to assess your situation and explain your rights.

You can also file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD), which investigates FMLA violations. Our attorneys can advise you on the most strategic approach, whether it’s a private lawsuit, a DOL complaint or both. Depending on the specific facts of your case and the losses you incurred, you may receive compensation for lost wages and benefits, and potentially even job reinstatement.

Facing Potential FMLA Violations? Let Us Help.

Our FMLA violation lawyers at Bellwoar Kelly, LLP, are ready to defend your rights. Call us at 610-422-7041 or fill out our online form to schedule a consultation. We also serve Chester, Montgomery and Delaware counties from our offices in Kennett Square, Pottstown and Media.