The Family Medical Leave Act (FMLA), allows certain employees job protection for leaving work due to a medical emergency or birth of a child. While the employee’s job is protected for when they return, the FMLA does not grant any paid leave; however, it does require the employer to keep the employee on the same medical plan, if a medical plan was provided, while they are away from work due to the covered FMLA reason for leaving. Employers who violate the FMLA by firing an employee, taking away their medical benefits, or demoting them or harassing the employee upon their return can be held accountable by our Dayton Family and Medical Leave Act Attorneys here at Coffman Legal, LLC.

The Family Medical Leave Act Provides Job Security When You Have to Leave for an Emergency

Covered employees are entitled to the following protections under the FMLA:

  • Their job when they return;
  • The same wages and benefits; and
  • The same employer-sponsored healthcare plan while they are away.
The FMLA allows the employee to leave for any of the covered reasons:
  • Twelve workweeks of leave within a 12-month period for:
    • Birth of a child;
    • Adoption of a child;
    • Caring for a spouse, child, or parent with a serious health condition;
    • The employee has a serious health condition that makes performing the essential functions of their job impossible; and
    • Qualifying exigencies because the employee’s spouse, child, or parent is a covered military member on “covered active duty;”
  • 26 workweeks of leave during a single 12-month period to care for a servicemember (who is the employee’s spouse, child, parent, or next of kin) who has a serious injury or illness.
The time off does not have to be continuous, and can be taken in chunks of days/weeks, or as a reduced work schedule as needed.

What Employees are Eligible for FMLA Rights?

You are eligible for FMLA job and health benefit protections when you work for an employer with 50 or more employees within a 75-mile radius of the worksite. Furthermore, you must have been

How Employers Most Commonly Violate the FMLA

It is unlawful for your employer to do any of the following:

  • Deny your family or medical leave by pressuring you to stay on the job or firing you when you ask permission to leave for a covered reason;
  • Reducing your medical benefits in any way while you are away from the job;
  • Refusing to reinstate you at your previous position;
  • Retaliating in any way when you return.

Call a Dayton Family and Medical Leave Act Attorney

Whether your employer does not understand the FMLA rules, or is intentionally flouting them for any reason, you can protect your job and finances by working with a Family and Medical Leave Act attorney and filing a claim. We can help you recover lost wages and other damages from your employer, who violated the FMLA by firing you, demoting you, harassing you, or cutting your health benefits. Contact Coffman Legal, LLC today at 614-949-1181 to schedule a free consultation.

Contact Coffman Legal Today

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