Family Medical Leave Act (FMLA) No Company is Too Big to Play Fair.

Minneapolis Family Medical Leave Act (FMLA) Attorneys

Federal law requires employers to provide unpaid leave under certain circumstances. Some state and local laws, including those in Minnesota, also provide employees with related and overlapping protections. The scope of these rights, such as which employers are covered, which employees qualify for leave, and how much protection they are provided varies according to where an employee works and resides.

Contact our lawyers by calling (877) 344-4628 to evaluate whether you are entitled to these protections.

What Employers Are Covered?

Under federal law, the Family and Medical Leave Act (FMLA) covers employees who work for an employer that has 50 or more employees within a certain geographic area.

What Employees Are Eligible?

In order to be eligible for FMLA leave, you must have been an employee for at least one year and worked a minimum of 1,250 hours for the employer. Then, you might qualify for a protective leave of absence if you need to take time off to care for the serious medical needs of yourself or certain family members. Similarly, you might qualify for protected parental leave if you are pregnant, recently had a baby, adopted a baby, or had a foster child placed in your care.

How Much Protection Is There?

Under the FMLA, eligible employees are entitled to receive up to 12 weeks of unpaid vacation per calendar year. In general, employers must avoid interfering with the exercise of your FMLA or comparable state or local rights. While on approved leave, your health, dental, and vision benefits must be maintained. Your employer may require you to use your paid sick or vacation time during leave. However, an employer is not allowed to retaliate against you for taking the leave. When you return, your employer must allow you to return to the same position you held before you took leave, or a similar position.

Examples of potential FMLA violations include:

  • You request a qualified leave, and your employer denies the request.

  • You return from a qualified leave and your employer refuses to give your job back.

  • You are harassed, demoted, or fired because you requested or took a qualified leave.

  • Your employer preemptively fires you or reduces your hours to prevent you from qualifying for a leave.

  • Your employer has a policy—official or unofficial—that employees are not supposed to take leave for any reason.

What You Can Do

If your employer denies your request for FMLA (Family and Medical Leave Act) in Minnesota, you have several legal options to consider. Here are some steps you can take:

  • Review the Reason for Denial: First, carefully review the reason provided by your employer for denying your FMLA request. Ensure that you understand why they denied it and whether their decision complies with FMLA regulations.
  • Seek Clarification: If the denial reason is unclear or you believe there has been a misunderstanding, seek clarification from your employer. Ask for specific details and explanations regarding their decision.
  • Consult the HR Department or Management: Discuss the denial with your Human Resources (HR) department or management to see if there is a resolution that can be reached internally. They may be able to provide additional information or reconsider their decision.
  • Request an Internal Review: Many employers have procedures in place for appealing denials of FMLA requests. If your employer has such a process, follow it accordingly. This might involve submitting additional documentation or providing further explanation of your situation.
  • Contact the Department of Labor (DOL): If you believe your rights under FMLA have been violated, you can contact the U.S. Department of Labor’s Wage and Hour Division (WHD). They can provide guidance on your rights and potentially investigate your employer's actions. You can file a complaint with the WHD.
  • Consider Legal Action: If you believe your employer's denial of FMLA was unlawful, you may consider consulting with an employment lawyer who specializes in FMLA cases. They can assess the situation and advise you on the best course of action, which may involve filing a lawsuit against your employer for FMLA violations.
  • Explore State Protections: In addition to FMLA, some states, including Minnesota, have their own family and medical leave laws that may provide additional protections. Familiarize yourself with these laws and see if they apply to your situation.
  • Document Everything: Throughout this process, it's important to keep detailed records of all communications with your employer regarding your FMLA request and their denial. This documentation may be crucial if you pursue legal action.

At Nichols Kaster, PLLP, we understand the complexities of employment law and the challenges individuals face when dealing with FMLA denials. Our experienced attorneys are here to advocate for your rights, navigate the legal process on your behalf, and work tirelessly to pursue the best possible outcome for your case. With our expertise and dedication, you can trust that we will stand by you every step of the way, providing the guidance and representation you need to seek justice.

Get in touch with our Family Medical Leave Act lawyers in Minneapolis at (877) 344-4628.

  • Nichols Kaster obtained a successful jury verdict for a BNSF railroad employee on a Federal Railroad Safety Act retaliation claim.

  • Nichols Kaster obtained a jury verdict for a task force Special Agent in South Dakota on sexual harassment and retaliation claims.

  • Nichols Kaster confirmed the standard protecting workers from retaliation for verbally reporting to employer violation of wage and hour law in front of the Supreme Court.

  • Nichols Kaster obtained the second-largest settlement ever paid by the City of Saint Paul in an employment suit.

  • Nichols Kaster obtained a jury verdict for a St. Jude medical device sales representative on a retaliation claim and defeated the company’s counterclaim for violation of a non-compete agreement.

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Our team of passionate, talented professionals work every day on advancing and protecting people's rights. No entity is too big to play fair, so please don’t hesitate to reach out to our firm to discuss the details of your situation.