In 1993, Congress passed the Family Medical Leave Act (FMLA) in the United States. It is a labor law that was passed to enable employees to maintain a healthy balance between their family responsibilities and their jobs. The act allows certain employees to take up to 12 weeks of job-protected and unpaid leaves every year for medical and family issues.
If your employer is violating the rights the FMLA protects you with; you can file a claim against them and take legal action. An employee discrimination lawyer Austin helps you understand what legal routes you can follow and assist you through every stage.
What are some conditions covered in the Family Medical Leave Act?
- Birth, foster care placement, or the adoption of a child.
- Severe health conditions such as prenatal care, inpatient care, and long-term incapacity prevent employees from working.
- Take care of an immediate family member such as your spouse, child, or parent’s serious health condition.
- The military deployment of a family member.
When should you contact a lawyer?
Your employer must allow your FMLA request as long as you are qualified to take it. However, employers do not fulfill these obligations in some cases and may act unlawfully. It is necessary to recognize the signs of your employer violating your FMLA rights to take the proper legal action. Some common situations of violating the act include denying or delaying your request on unfair grounds, demoting you for taking the leave, making you work while on leave, disciplinary action against you, depriving you of your job benefits, and even firing you. If your employer has engaged in such unlawful misconduct, it is essential to consult a lawyer immediately.
How does your lawyer help you?
The presence of a lawyer is necessary when you are filing a claim. They help you understand whether your employer violated your rights after assessing your situation and determine the best action plan to protect your rights. They have experience and can help you collect evidence to benefit your case. You are entitled to receive compensation for having your FMLA rights violated by your employer. These remedies include back pay, future pay, recovering lost benefits, the leave you were allowed under FMLA, reinstatement, and legal fees such as attorneys’ costs and court expenses.
Your lawyer enables you to receive fair compensation that helps you recover the losses that you incurred because of your employer. Their presence significantly eases your distress and allows you to proceed with the legal procedure without obstacles.