The Family and Medical Leave Act (FMLA) is a federal law that allows certain employees to take unpaid leave in specific circumstances. Designed to protect employees from retaliation when personal circumstances require them to be away from the workplace, employees are bound to adhere to the provisions of the FMLA. When an employee’s rights under the FMLA are breached, the employee maintains the right to bring forth a claim. At the office of Coffman Legal, LLC, our Cleveland Family & Medical Leave Act attorneys can help. Call our law firm today for the support and legal guidance that you need.

The FMLA & Workers’ Rights

The FMLA allows eligible employees to take up to 12 weeks of protected, unpaid job leave for specific family and medical reasons. Eligible reasons to take protected leave covered under the FMLA include:

  • The birth of a child;
  • Adoption or fostering of a child;
  • Caring for a spouse, parent, or child who has a serious health condition;
  • Caring for oneself if the employee has a serious health condition that renders them unable to perform essential job functions;
  • Certain demands and needs arising out of the fact that an employee’s immediate family member is a covered military member.

Who Is Covered Under the FMLA?

As stated, only eligible employees have a right to protected leave under the FMLA. A private-sector employer is covered under the FMLA if they employ 50 or more employees with 20 or more workweeks in a calendar year. If an employee works for a covered employer, then the employee’s eligibility is based on how long they have worked for the employer and how many hours they’ve worked. The employee must have worked for the employer for at least 12 months before being eligible for FMLA pay, and must have performed at least 1,250 hours of service for the employer during the 12-month period.

Common Violations of the FMLA

If an employee is entitled to unpaid leave under the FMLA, then denying the employee that leave is a breach of the law. Common violations of the FMLA include an employer’s failure to recognize a serious health condition or retaliation against an employee for taking leave. Retaliations might come in the form of terminating the employee, demoting the employee, reducing the employee’s pay, or otherwise punishing the employee. If an employee is adversely impacted, they can seek remedy such as back pay, legal fees, and emotional harm as a result of their employer’s unlawful actions.

Our FMLA Attorneys in Cleveland Can Help

At the office of Coffman Legal, LLC, our Cleveland FMLA attorneys understand how frustrating it is to have your rights under the FMLA breached. We also know that understanding your rights, as well as your right to take action against your employer after a breach of your rights, might be overwhelming. When you call our Cleveland Family and Medical Leave Act attorneys, we can handle all elements of your case, including an investigation, filing your complaint, negotiating your settlement, and more. To learn more about your options and rights, call our law firm directly for a free consultation. We are here to serve you.

Contact Coffman Legal Today

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