FMLA ClaimsThe Family Medical Leave Act (FMLA) is a federal law protecting employee rights to medical leave for the employee’s medical condition or an immediate family member’s medical condition. The Family Medical Leave Act protects the right to return from leave to the same position you had before leave or a position similar to your prior position.
If your employer interferes with your FMLA rights or retaliates against you for exercising your FMLA rights you are entitled to recover from your employer for lost pay, lost benefits and other financial harm.
FMLA claims for retaliation, denial and interference are complex due to the complicated Family Medical Leave Act regulations. Working with an FMLA attorney is critical to putting yourself in the best position to defend your rights against your employer’s FMLA violations.
The Family Medical Leave Act applies to employers with at least fifty employees within at least twenty weeks within the current or prior calendar year. FMLA will apply to each employee who has worked at least 1,250 hours and has been employed at least twelve months. Some exceptions do apply, such as for certain highly paid employees. Employers may permit leave for employees not meeting these requirements but the right to leave or to return from leave to the same job will not be protected under the Family Medical Leave Act.
FMLA protects the right to up to twelve weeks of medical leave and return to the same or similar job with the same pay and benefits. FMLA leave is granted if the employee or certain family members have a serious medical condition. Family members included under the Family Medical Leave Act are children, spouses, parents, siblings and grandparents. The Family Medical Leave Act does not define what a serious medical condition is but courts generally define it as more than a common cold but broadly beyond minor illness when the medical condition affects the employee’s ability to perform the essential job duties. Pregnancy and pregnancy-related conditions fall within the Family Medical Leave Act.
Contact UsIf you believe you have been denied FMLA leave call us at (434) 972-9600 or contact us using the form below.
Davidson and Kitzmann, PLC
211 E. High Street
Charlottesville, Virginia 22902
Tel: (434) 972-9600
Fax: (434) 220-0011
We are located in Charlottesville, but our lawyers handle cases in Charlottesville, Albemarle County, Greene County, Fluvanna County, Louisa County, Nelson County, Madison County, Orange County, Richmond, Roanoke, Harrisonburg, Staunton, Waynesboro, Augusta County, and across Virginia.