According to the Family and Medical Leave Act (FMLA), eligible employees are entitled to up to 12 weeks of unpaid leave for certain medical reasons, pregnancy, or to care for a family member who needs medical assistance. However, an alarming number of employers violate the FMLA, either by denying employees their rightful leave or by retaliating against them for taking leave.
If you were denied leave or experienced any other adverse action after requesting leave, it is critical to speak with an experienced Maryland FMLA lawyer. Contact Melehy & Associates LLC today.
What Is the Family Medical Leave Act?
Congress passed the Family and Medical Leave Act in 1993. This act gave employees the ability to take unpaid leave for up to three months. This meant that employees could leave their job for qualified reasons for a period of time with the confidence of knowing that they had job protection and health insurance while they were away from work. FMLA has been credited with helping to reduce stress for working families and improving workplace morale. The FMLA provides important protections for employees who need to take time off for their own serious health conditions or to care for a sick family member.
What Medical Conditions Are Eligible for FMLA?
The Family and Medical Leave Act (FMLA) provides covered employees with up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons.
FMLA covers a range of serious health conditions, including:
- Chronic Health Conditions: A serious health condition that makes the employee unable to perform the essential functions of his or her job. These may include chronic illnesses such as cancer, heart disease, diabetes or HIV/AIDS.
- Pregnancy and Related Conditions: These include things like pregnancy complications, morning sickness, prenatal care visits and recovery from childbirth. Also, the birth of a child, or to care for one within one year of birth
- Serious Health Conditions: This covers situations when the employee needs to take time off to care for a sick child, spouse, or parent.
- Military Caregiver Leave: This covers situations when the employee needs to take time off to care for a covered service member with a serious injury or illness.
- Child Placement: The placement of a child for adoption or foster care and to care for the newly placed child within one year of placement
Employees who need time off due to serious health conditions should contact their employer as soon as possible and provide medical documentation confirming that they have a qualifying condition covered under FMLA. Employees may be required to take additional steps, such as providing updated medical information every 30 days in order to maintain their leave.
It is important to note that some employers may require employees to use accrued paid time off during the 12 weeks of FMLA leave. Employers are not required to compensate employees for lost wages, however they must reinstate them upon return from leave at the same or equivalent rate of pay and job status.
When You Need Seasoned Legal Representation
At Melehy & Associates LLC, we understand that communication is key to a successful lawyer-client relationship. We pride ourselves on keeping our clients informed and making sure they know what is going on with their case. We have been tenacious and conscientious advocates fighting for our client’s rights and fair compensation since 1997. We take a holistic approach to representing and understanding our clients' situations and are focused on protecting your rights, regardless of your background.
We Provide Case Evaluations and Spanish Translations
If you feel your employer may have violated FMLA but don't know what to do next, contact us for a case evaluation. Most of our cases are on a contingency basis, meaning you won’t need to pay us unless we win your case. We provide Spanish translators at all phases of litigation and our bilingual team is here to help you during every step of your case.
We can help you navigate the legal system and make sure your rights are protected. Call (301) 205-5276 today to learn more about how we can help you.
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