The Family and Medical Leave Act was passed in 1993 to provide for the rights of employees to take time off work under certain circumstances without losing their position in the company or their benefits. Prior to this law, a worker had no guarantee of being able to take a leave of absence without suffering demotion or job loss, as the decision to grant leave was at the discretion of individual employers. If your employer has violated your rights under the FMLA, such as by denying your leave, reducing your position or pay, or terminating your employment, it is advisable to seek legal representation from a Salt Lake City employment lawyer at Haymore Law. We may be able to help you recover damages including back pay and benefits, compensation for the cost of providing care to a family member, reinstatement and promotion.
To qualify for FMLA protection, you must work at a company with 50 or more employees within a 75-mile radius of the worksite, or for a school or other government employer of any size, and your employment must have consisted of at least 1,250 hours within the past 12 months. In addition to maintaining your position with the company, you are also entitled to continued group health insurance coverage. If the company found it necessary to replace you, they must provide you with an alternative position which will provide you with the same level of pay, responsibility and benefits.
There are strict guidelines to determine when an employee's leave is covered by FMLA. You can take up to 12 weeks off within a single year for:
· Childbirth and care of a newborn child,
· Adopting a child into your family,
· Care of your spouse, child or parent who is suffering from a serious health condition,
· Receiving treatment and recovering from a health condition which makes it impossible for you to continue at work,
· Coping with certain situations arising from the fact of a family member being on active duty military service. You can take up to 26 weeks to care for a wounded or ill service member in your family.
We will attempt to use negotiation or arbitration to resolve the dispute whenever possible, but will not hesitate to resort to litigation if it is necessary to achieve a favorable result for you.
Contact a Salt Lake City employment lawyer to discuss your options for defending your rights under the Family and Medical Leave Act.