Houston Attorney Helping People With Family And Medical Leave Act Claims
The federal Family and Medical Leave Act (FMLA) is a lifeline for employees needing time away from work due to significant family or health issues. This law allows you to take unpaid, job-protected leave without fear of losing your position or health insurance. Whether you are welcoming a new child into your family or coping with a serious health condition, FMLA leave is there to support you.
I am attorney Ashok Bail, and I have nearly 20 years of experience helping people in Houston, Harris County and across the U.S. with FMLA issues. If you suspect your FMLA rights have been violated, I encourage you to reach out at 832-616-7545 or email me to set up a free consultation.
Who Is Eligible For Family And Medical Leave Act Protection?
The FMLA’s protections are designed to support employees working for covered employers. Covered employers include public agencies and private-sector employers that have 50 or more employees within a 75-mile radius of their office. This radius ensures that even employees in smaller branches of larger companies can benefit from FMLA leave. If you work for a covered employer and meet the additional eligibility requirements below, you are entitled to this leave.
To be eligible for this leave, you must have completed at least 12 months of employment with your employer. These 12 months do not have to be consecutive, allowing for breaks in service. Additionally, you must have worked at least 1,250 hours over the past 12 months, which roughly equates to about 24 hours per week, on average.
The FMLA entitles eligible employees to 12 weeks of unpaid medical leave within a 12-month period. This leave can be taken for several qualifying reasons, including the birth and care of a newborn child, adoption, or foster care placement of a child. It also covers caring for an immediate family member, such as a spouse, child or parent, with a serious health condition. Furthermore, if you are dealing with your own serious health condition that impairs your ability to perform essential job functions, FMLA leave is available to you. The leave can also be used for exigencies arising from a close family member’s active military duty.
During FMLA leave, your employer must maintain your group health insurance benefits under the same terms as if you continued to work. This continuation of health benefits is crucial for employees dealing with medical issues. Understanding the scope of FMLA eligibility requirements is essential to ensuring you can fully use these protections. If you believe you meet these criteria and your employer is not honoring your FMLA rights, it is important to seek legal advice to secure the benefits you are entitled to under the family and medical leave law.
Can Your Employer Deny Or Interfere With Your FMLA Leave?
The FMLA ensures that eligible employees can take necessary unpaid leave without employer interference. Your employer cannot deny or limit your leave if you meet the FMLA eligibility requirements. This leave can be taken all at once or intermittently, accommodating medical needs like doctor visits or therapy sessions. Importantly, the law prohibits any form of FMLA retaliation. Upon returning from leave, you are entitled to your previous job or an equivalent position, ensuring that your career remains on track despite taking time for family or medical reasons.
What Should You Do If You Were Fired For Taking FMLA Leave?
Firing you for taking FMLA leave can constitute wrongful termination. If you face this situation, you have the right to pursue a complaint or legal action against your employer. A successful case could result in financial compensation for lost wages and benefits, as well as the potential for job reinstatement. Navigating these claims can be complex, however, and consulting with an FMLA lawyer is crucial. I can help you understand your rights and guide you through the process of making a wrongful termination claim.
Contact Me For A Free Consultation
Your rights under the FMLA are vital, and protecting them is my priority. I take a compassionate and knowledgeable approach to help you assert your rights. If you feel your FMLA rights have been violated, reach out for a free consultation. Together, we can explore your options and work towards a resolution that respects your job-protected leave and ensures compliance with workplace leave protections. Call 832-616-7545 or use the contact form below to discuss your situation and take the first step toward securing justice.