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The Family and Medical Leave Act (FMLA) is a critical piece of legislation that provides employees with the right to take unpaid leave for specific family and medical reasons without the fear of losing their job. However, navigating the complexities of FMLA and ensuring that you are treated fairly under the law can be challenging. Unfortunately, many employees are either unaware of their rights or find that their employer fails to comply with the FMLA. If you believe that your rights under the FMLA have been violated, consulting with an experienced employment lawyer can help you take the necessary steps to protect your job and secure the benefits you are entitled to.
At Castronovo & McKinney, LLC, we specialize in FMLA cases and are dedicated to helping employees navigate the complexities of family and medical leave issues. Whether you have been denied leave, faced retaliation, or had your leave improperly handled, our team of experienced employment lawyers is here to help. In this article, we will explain what FMLA is, common FMLA issues, and how an employment lawyer can assist you in enforcing your rights under this important law.
What is the Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with the right to take up to 12 weeks of unpaid leave within a 12-month period for the following reasons:
- Personal Medical Leave: If an employee is unable to work due to a serious health condition that requires medical treatment or recovery, they may take FMLA leave.
- Family Care Leave: Employees are entitled to take FMLA leave to care for a family member (spouse, child, or parent) who has a serious health condition.
- Childbirth and Adoption Leave: The FMLA allows employees to take leave for the birth or adoption of a child, as well as to care for a newborn or newly adopted child.
- Military Family Leave: Employees who have a family member in the military may take FMLA leave for specific reasons related to military service, such as deployment or care for a wounded service member.
In addition to providing job protection, the FMLA also requires that employers maintain an employee’s health benefits while they are on leave, as if they were still actively working. Importantly, employees are entitled to return to the same or an equivalent position after taking FMLA leave.
Common FMLA Issues
Although the FMLA provides important protections, many employees face challenges in exercising their rights under this law. Some of the most common FMLA issues include:
- Denial of FMLA Leave: Employers may improperly deny an employee’s request for FMLA leave, either by incorrectly claiming that the employee does not qualify for leave or by failing to provide the appropriate paperwork or notices.
- Retaliation for Taking FMLA Leave: It is illegal for an employer to retaliate against an employee for taking FMLA leave. Retaliation can take many forms, including termination, demotion, or disciplinary actions after an employee has taken leave.
- Failure to Reinstate Employees: After an employee returns from FMLA leave, the employer must reinstate them to the same or an equivalent position. Employers who fail to do so are in violation of the law.
- Interference with FMLA Rights: Employers may interfere with an employee’s right to take leave by discouraging them from taking time off, offering less favorable terms, or manipulating their leave rights.
- Improper FMLA Leave Tracking: Employers may fail to properly track FMLA leave, leading to confusion about how much leave has been used and whether an employee is eligible for additional leave.
How Can an Employment Lawyer Help with FMLA Issues?
If you are facing issues related to FMLA leave, consulting with an employment lawyer can help ensure that your rights are protected. Here are some ways an employment lawyer can assist you with FMLA issues:
- Clarifying Your Rights: An employment lawyer can explain your rights under the FMLA and help you understand how they apply to your specific situation. They can review your employer’s policies and any communications related to your leave to assess whether your rights have been violated.
- Filing a Formal Complaint: If your employer has denied you FMLA leave or retaliated against you for taking leave, your lawyer can help you file a formal complaint with the U.S. Department of Labor (DOL) or your state’s labor agency. They will also assist you in gathering any necessary documentation to support your case.
- Negotiating a Settlement: In many cases, FMLA disputes can be resolved through settlement negotiations. Your lawyer will represent you in these negotiations and work to secure a fair resolution that compensates you for any lost wages, benefits, or emotional distress caused by the violation of your FMLA rights.
- Litigating Your Case: If a settlement is not possible, your lawyer can help you file a lawsuit to pursue legal action against your employer. They will represent you in court, gather evidence, and argue on your behalf to seek compensation and job reinstatement.
- Protecting Your Job and Benefits: An employment lawyer can ensure that your employer is complying with the FMLA’s requirements regarding job protection and continuation of health benefits. If your employer is not adhering to these obligations, your lawyer can take legal steps to enforce them.
Why Choose Castronovo & McKinney for Your FMLA Case?
At Castronovo & McKinney, LLC, we are dedicated to helping employees assert their rights under the Family and Medical Leave Act (FMLA). Our experienced employment lawyers have a proven track record of success in handling FMLA claims and fighting for the justice that our clients deserve. Whether you are dealing with wrongful denial of leave, retaliation, or failure to reinstate after taking leave, we are here to protect your rights and fight for the compensation you are owed.
We offer personalized, compassionate legal representation and provide aggressive advocacy to ensure that your FMLA rights are upheld. Our team has the experience, knowledge, and resources to help you navigate the complexities of the FMLA and ensure that your employer complies with the law. If you are facing FMLA issues, don’t wait to take action. Contact Castronovo & McKinney today for a consultation.
If you need assistance with an FMLA claim or any related employment law issues, contact Castronovo & McKinney, Employment Law Attorneys today. We are here to protect your rights and help you navigate the legal process.
Contact Us
Visit our offices in Morristown, NJ or New York, NY, or give us a call to schedule a consultation with one of our experienced employment lawyers. We are committed to helping you navigate FMLA issues and secure the leave and benefits you deserve.
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
