Family and Medical Leave Act
Pennsylvania & New Jersey
DON’T LET YOUR EMPLOYER FIRE YOU!
The Family and Medical Leave Act (“FMLA”) allows eligible employees to take up to twelve weeks of unpaid, job-protected leave to treat a serious medical condition, or to care for a spouse, child, or parent with a serious medical condition. An employee may also take FMLA leave in order to receive, to attend to the birth or adoption placement of a child, or for certain issues relating to military service.
If an employee qualifies for FMLA leave, the employee has the right to return to the same position with equivalent pay, benefits, and responsibilities. Additionally, an employee cannot lose any employment benefit that accrued prior to the start of the leave.
Unfortunately, employers sometimes prevent employees from exercising the rights accorded to them by the FMLA. Some employers even retaliate against an employee for taking FMLA leave. This is illegal and may be grounds for a lawsuit.
Many people who take FMLA leave also have rights that are protected by the Americans with Disabilities Act (“ADA”). (Link to Disability Discrimination) While the FMLA allows eligible employees to take medical leave for serious medical conditions, the ADA – and other state laws – prevent employers from discriminating against employees for having a disability. The ADA also requires employers to provide disabled employees with workplace accommodations so that disabled employees can work notwithstanding their disability.
If your employer is interfering with your FMLA rights, you should contact an attorney at the Law Offices of Eric A. Shore. Our attorneys are familiar with the nuances of the FMLA and will help you analyze your situation to determine how to protect your rights.