To bridge a widened gap between demanding workplaces and budding families, President Clinton introduced the Family Medical Leave Act to fulfill his campaign promise of balancing families and work. Citing the rapid growth of America’s workforce, specifically the female population, Clinton signed the FMLA into law early in 1993, which took effect in August of the same year.
Employers, however, still haven’t caught on to the rules and regulations stipulated in the FMLA. Employees are often terminated wrongfully for failing to notify employers within a reasonable amount of time, employers are illegally firing or replacing workers during their absence.
JML Law Firm employs a Riverside Family Medical Leave Act Violation attorney experienced in all matters related to FMLA terminations or hostility towards employees who need to take an extended leave from work due to circumstances covered by the Act.
Rights Under FMLA Law
Congress passed this lauded bill knowing most workplaces lacked accommodation for families who need to concentrate on child-rearing and developing families in general. It further stipulates employees are afforded the right to leave employment in a manner that best accommodates workforce demands.
Companies with greater than 50 employees, or companies with multiple locations with fewer than 50 employees within 75 miles of each other, must adhere to the FMLA. Provided employees are given 30 days if childbirth or adoption is imminent or, up to 12 weeks of unpaid leave can be granted for birthing recovery, and:
- To provide care for newborn children, oversee adoption, or assist with placement of the child;
- To care for serious or terminally ill family members, including children and siblings;
- To promote recovery of a worker’s injury or illness;
- To provide in-home care for injured servicemen and women;
- To handle exigencies stemming from a covered family member’s deployment
FMLA section §2612(2)(A) gives an employer consent to substitute 12 unpaid weeks with any accrued paid vacation time based on company policy. Moreover, fathers and mothers working for the same employer must split FMLA time.
Except for pre-arrangements, most employees must accrue at least 12 months and 1250 hours during a rolling period. Airline employees, public and educational facilities, and certain federal work sites may have different rules. If you’re unsure what rules apply to your situation, consult with an EEOC representative, or kindly discuss your concerns with the employer’s human resource department.
JML Law Firm can intervene if an employer fails to follow FMLA mandates, provided sufficient evidence can be presented to prove the employee’s wrongdoing. Our Riverside Family Medical Leave Act violation attorney has successfully tried and won cases where employers willfully violated a worker’s right to unpaid family time.
FMLA Violations Are Serious
The Secretary of Labor, or employees themselves, may bring action against employers in violation of the FMLA. Unless an employer can produce satisfactory evidence it acted in good faith, violations may result in compensation for child care expenses, lost wages, punitive damages and any additional relief courts may deem appropriate.
If you’d like a Riverside family medical leave act violation attorney that knows employment law to provide a no-cost case evaluation, contact JML Law today.
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