The FMLA also allows employees to take “intermittent” leave. This occurs when an employee takes leave in separate blocks of time due to a serious health condition. An example is an employee being allowed to leave early on certain days to see the doctor and taking two or three days off after surgeries due to his or her condition.
Employers are required to provide specific information to employees who request leave pursuant to the FMLA. The employer has a duty to respond to questions from employees about their FMLA rights and responsibilities. If your employer fails to adequately inform you of your rights under the FMLA, they may be acting in violation of that law. Contact our FMLA attorneys in Philadelphia and Mt Laurel to learn more.
FMLA Attorneys are Experts in FMLA Law
The FMLA provides unpaid job-protected leave (with full medical benefits) to care for your spouse, child or parent who has a serious medical condition, or when you are unable to work because of your own serious health condition. This leave may be taken all at once or intermittently as the medical condition requires. Employers are required to inform employees of their FMLA rights. If the employee doesn’t request FMLA leave specifically, they are still entitled to it if they express the need to take time off for medical reasons to their employer. If your employer fails to do this, consult with a FMLA lawyer to assess the strength of your possible FMLA claim. A FMLA attorney can represent you if you take legal action against your employer.
Consult a FMLA Attorney When FMLA Violations Occur
There several ways employers violate FMLA law while employees are on leave or upon their return. While employers may communicate with employees while they are on leave, it is illegal to pressure employees to return sooner than planned, or to check in on employees excessively. In addition, employers may not count FMLA time off against an employee or give an employee a bad performance review based on work that wasn’t completed during the leave. In terms of reinstatement after the leave, the employer must give the employee an equivalent position (equivalent in pay, benefits, duties, etc.) if their former position is no longer available. In addition, employees must be reinstated immediately and not asked to wait for the employer to shuffle schedules or for a job to become available. Automatic raises and benefits must be reinstated immediately upon return without having to wait for an open enrollment window. A FMLA lawyer can help determine your best legal options and recommend the best way forward, including trying to negotiate a settlement with your employer, filing a complaint with the Department of Labor, or filing a lawsuit. State laws may offer more protection than federal law. Contact our FMLA lawyers at 856-778-9700 to learn more.