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Under the federal Family and Medical Leave Act, an eligible employee is entitled to take up to 12 weeks of unpaid leave during a 12 month period for several reasons, including the birth or adoption of a child or to care for oneself or a family member with a serious medical condition. Under the corresponding Rhode Island law, eligible employees are entitled to 13 weeks of leave during a 2 year period. 

To be considered an eligible employee for FMLA protection, an employee must have worked for the employer for at least 12 months and have worked a minimum of 1,250 hours over the past 12 months. In addition, the employee must work at a location where at least 50 employees are employed within 75 miles of the employer.

Employers are also prohibited from using FMLA leave as a factor in making employment decisions, including hiring, firing, and promotions.  Additionally, it is illegal for an employer to terminate or otherwise discriminate against an employee because the employee has complained about violations of the FMLA.

If you believe that you have suffered FMLA discrimination and/or if you have reported FMLA discrimination and believe that you have been retaliated against, you may contact the Law Office of Louise A. Herman for a free consultation.


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