The Family and Medical Leave Act, 29 U.S.C. § 2601, et seq. (“FMLA”) provides that eligible employees may take up to twelve weeks of unpaid leave during any twelve-month period, for any of four general reasons:
- For the birth and care of a newborn child;
- Adoption placement;
- Care for an immediate family member (spouse, parent, or child) with a serious health condition; or
- To take medical leave because the employee is unable to work due to a serious health condition.
Under the FMLA, soldiers who are about to be deployed, veterans, and designated family of those individuals have additional rights.
While not all employees are eligible for FMLA coverage, an employer cannot interfere with an eligible employee’s FMLA rights, or to deny an employee properly requested FMLA leave. Further, employers are required to notify or inform employees of their FMLA rights if the employer has notice of a condition that may qualify an eligible employee for leave. Upon return from leave, eligible employees must be reinstated to the same or an equivalent position and cannot be retaliated against for the exercise of their FMLA rights.
If you feel that you have been denied one of your rights under the FMLA, please contact Jensen Law Office, LLC to discuss your situation.