The Family Medical Leave Act (FMLA)

Life is all about balance. It is important for all employees to understand that, while they must attend work when required, if there is a family emergency at home, then they cannot be fired because of it. The Family Medical Leave Act was established in 1993 and is requires covered employers to provide employees with job protection and unpaid leave for qualified medical and family reasons. What this means is that even if you do not enough sick leave or holiday pay, if your child is sick at home, you will not be risking your job to care for him.

Minneapolis FMLA Attorney

There are a number of different qualified and family reasons that fall under the FMLA including:

  • Pregnancy
  • Family illness
  • Military leave
  • Adoption
  • Foster care placement

Under the FMLA an employee is able to take up to 12 weeks of unpaid leave during any 12 month period without risk of losing his job or being demoted because of it. There are some stipulations in place, for example, the employee must have worked there for at least one year or 1,250 hour and the company must have at least 50 employed people. However, the FMLA covers public and private sectors employees.

You are able to take up to 12 weeks off in order to:

  • Care for a new child
  • Care for a seriously ill or injured family member
  • Recover from an injury
  • Occasional leave for certain conditions such as physiotherapy and doctors’ appointments after an injury or obstetrician appointments during a pregnancy

The FMLA requires that the employee still be granted the same health care benefits, restoration to the same position upon the return to work, protection of employer benefits while on leave and protection from retaliation and more.

While the FMLA was put in place to help balance the work life with the family life, there are many employers that still do not follow the Act. If you feel like your rights have been violated, that you have faced wrongful termination or retaliation or that you have been denied the leave altogether, then you could be looking at a legal issues.

Minnesota Employment Lawyer

Duane Johnson is an experienced Minneapolis employment law attorney that handles all legal matters pertaining to the workplace. It is unfair to assume that all employees will know what their rights are and many employers take advantage of this by trying to cut corners when it comes to worker’s rights. Duane Johnson will examine your situation and determine whether your employer is in violation of the FMLA. If so, then he will do everything in his power to ensure that you are compensated, that your job is safe, that your employer is punished and that this mistreatment does not happen to others in the future. Please contact me or give me a call on 612-529-6041 to discuss the matter and determine the best plan of action.