Understanding Interference and Retaliation Claims Under the FMLA

Today we will delve into a crucial area of employment law: interference and retaliation claims under the Family and Medical Leave Act (FMLA). At Lamberton Law Firm, we're committed to ensuring that employees are informed about their rights and can recognize potential violations.What is FMLA?The Family and Medical Leave Act (FMLA) is a federal law in the United States that grants eligible employees the right to take unpaid, job-protected leave for specific medical and family reasons. These reasons include personal or family illness, family military leave, pregnancy, adoption, or the foster care placement of a child.Understanding Interference ClaimsInterference claims arise when an employer hinders an employee's rights under the FMLA. These rights include the entitlement to 12 weeks of unpaid, job-protected leave in a 12-month period for any of the above reasons. Interference can take several forms, including refusing to authorize FMLA leave for an eligible employee, discouraging an employee from using such leave, or manipulating the work hours to avoid responsibilities under the Act.For example, if an employer alters the essential job functions of an employee to prevent them from taking leave, or provides inaccurate information that influences an employee's decision regarding their leave, the employer may be held...

Family and medical leave

The Family and Medical Leave Act (FMLA) is a federal law that permits eligible employees to take up to 12 weeks of unpaid leave each year for any of the following reasons:To treat or recover from a serious health condition that prevents you from working;To care for a sick child, spouse, or parent who has a serious health condition;To care for a newborn child, newly adopted child, or a foster child;When you have a family member in the military member on active duty in support of a contingency operation and you need time to attend to their affairs.If you are eligible, the FMLA permits you to take family leave or medical leave without fear of losing your job. In other words, your job is protected during your leave. Upon your return to work, your employer must give you either the same job you had before you began leave, or one with equal benefits, pay, working conditions, and seniority. Your employer must also continue to pay for your health insurance coverage during your leave as it normally would have during your employment. If you qualify for a family or medical leave, you have the right to take that leave free from harassment...

Your Rights and Protections Under the FMLA

Being away from work for an extended period of time doesn’t always feel like a vacation. If you are taking time off work under the Family and Medical Leave Act (FMLA), you likely have enough to worry about without job insecurity compounding your stress. FMLA offers some protection so you can focus on the critical task of healing yourself or caring for your loved one during your leave.FMLA ExplainedThe Family and Medical Leave Act is a federal law that provides eligible employees with up to 12 weeks of unpaid leave for certain qualifying health and family reasons. These weeks can be used within a 12-month period without the threat of being fired for the absence. The time does not have to be taken consecutively and can be used periodically throughout the 12 months if needed. Additional time is also available in limited circumstances.A worker may be eligible for FMLA if they:Have been employed with their company for at least one year;Have worked a minimum of 1,250 hours in the past 12 months; andAre employed in a location with at least 50 employees within a 75-mile radius.There are exceptions to these rules, as is the case with most laws and legislation....