Employment Law - Protected Unpaid Medical/Family Leave
The law allows employees to take unpaid leave from work under certain circumstances. For example, under the Family and Medical Leave Act (FMLA), employees who work for an employer with 50 or more employees are generally entitled to take up to 12 weeks of unpaid vacation to care for the medical needs of themselves or their family members. In order to qualify for this leave, you must have worked continuously for at least one year for your employer. Also, you must have worked at least 1200 hours during that year. Note that your employer may require you to use sick leave or vacation leave during the time you are away from work.
Employees are also entitled to take leave if they are pregnant, have a disability, or are serving in the military. In addition to leave, employees who suffer job-related injuries may have the right to receive money and other assistance if they are injured while doing their jobs. Employers may not interfere with these rights or retaliate against employees who use them.
Some examples of protected leave claims are:
- You need to take leave for one of the reasons listed above, and your employer denies your request. Or you return from your leave, and your employer refuses to give your job back.
- You are harassed, denied a promotion, or fired because you used or requested any of the benefits listed above.
- Your employer fires you or reduces the number of hours you work so that you will not qualify for leave.
- Your employer has a policy—either official or unofficial—that employees are not supposed to take leaves for any reason.
- You are injured on the job, and your employer tells you that you will not receive any money or assistance because the injury was your fault.
Nichols Kaster & Anderson, PLLP has litigation experience in many types of cases, including protected leave claims. If you think you may become involved in litigation with your employer, feel free to contact us.
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