The Family and Medical Leave Act -FMLA- allows eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons while maintaining their group health insurance coverage under the same terms and conditions as if the employee was continuing to work.

Eligible Employees Are Entitled to 12 Workweeks of Leave in a 12-Month Period for:

The birth of a child to care for the newborn child within one year of birth;
The placement of a child for adoption or foster care with the employee to care for the newly placed child within one year of placement;
The care of the employee’s spouse, child, or parent who has a serious health condition;
A serious health condition that makes the employee unable to perform the essential functions of his or her job;
Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is covered military member on “covered active duty”; or

Twenty-six Workweeks of Leave Are Provided During a Single 12-month Period to:

Care for a covered servicemember with a serious injury or illness if the eligible employee is a service member's spouse, son, daughter, parent, or next of kin (military caregiver leave).

“Families should not have to choose between caring for their loved ones or themselves and keeping their job.”

— Tyler K. Allen

Have Your FMLA Rights Been Disregarded?

FMLA protects employees from being fired or discriminated against. Under most circumstances, when an employee returns to work after exercising their FMLA rights, he or she must be given the same job or an equivalent job. An equivalent job means a job that matches the original job in terms or pay, benefits, shifts worked, location, as well as other employment terms. An employer may not reduce benefits or withhold automatic bonuses unconditionally provided to other employees.

If your FMLA rights have been violated or you have been discriminated against for participation in an FMLA proceeding, you may have the right to file suit in federal court to recover damages. An employee must file their lawsuit within 2 years of the violation. If you believe your employer has violated your FMLA rights, contact the Tyler Allen Law Firm by filling out the form on this page or calling us at (602) 456-0545. We’re here to help.