Employment Law, Estate Litigation and Personal Injury Attorneys

Have you missed work because of a serious health condition and then later been disciplined or fired because of your absences? Have you received "attendance points" for your absences even though you had a doctor's excuse to cover your absences from work? If so, your employer may have violated your rights under the federal Family and Medical Leave Act (FMLA), 29 U.S.C. §2601.

The FMLA protects an employee who requires leave from work due to the employee's own serious illness; the serious illness of a child, spouse, or parent; or for the birth or adoption of a child. To be covered under the FMLA, an employee must have been employed by the company for at least 12 months and at least 1250 work hours in the past 12-month period and the company must have 50 employees within a 75 mile radius. Once these requirements are met, an employee is entitled to up to 12 weeks of protected leave. The leave may be taken all at one time or may be taken intermittently, such as a few hours at a time.

An employer may not interfere with or retaliate against an employee for taking FMLA leave. Once an employee returns from FMLA leave, the employer must return the employee to his or her former position or an equivalent position.

If you believe that your FMLA rights may have been violated, or if you believe that your employer retaliated against you for exercising your FMLA rights, call (423) 266-2121 to schedule an appointment to meet with one of our experienced attorneys today.

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