The Family and Medical Leave Act, or FMLA, was created to protect eligible employees who need to take unpaid leave to care for themselves or a family member. However, many employers try to deny the leave their employees are entitled to take under the FMLA.
Has your Providence, Rhode Island, employer refused to allow a leave protected by the FMLA? Has your employer retaliated against you for taking a leave to which you were entitled?
If either of these describes your situation, the Herman Law Group can help. Over the years, we have fought for countless clients whose employers have sought to deny their rights under the FMLA. We are prepared to fight as hard for you as we always have for our other clients.
What to Do If Your Employer Violated Your Rights
If your employer is interfering with your rights under the FMLA, don’t just accept it. Eligible employees are entitled to take leave from a job to recover from an illness or care for a family member. Your employer has no right to deny your leave or retaliate against you for exercising your rights.
Sadly, FMLA violations are far from uncommon. Too many employers act selfishly and refuse to allow their employees the benefits to which they are entitled under Federal law. If you believe your employer has violated your rights, our Rhode Island employment lawyer is here to help. The first step is understanding your rights under the Family and Medical Leave Act (FMLA).
The Family & Medical Leave Law
The federal Family and Medical Leave Act is a law that gives qualified employees these rights:
- To take up to 12 weeks of unpaid leave in a year for the adoption or birth of a child or to provide care a family member with a medical condition that is serious or to care for themselves.
- To retain their health benefits while on leave.
- To return to the same job or an equivalent job when their leave is up.
Military families have additional rights under the FMLA, including the right to take up to 26 weeks in a year to care for a seriously injured or ill servicemember.
The Rhode Island Parental & Family Medical Leave Act also entitles eligible employees to 13 consecutive weeks of leave in two years. This act gives you additional protections in state court against violations by your employer.
Who Does the FMLA Protect?
To be entitled to protection under the FMLA, you must work for a covered employer. Covered employers include all public agencies, including schools and Federal, State, or local government agencies. Private companies that have employed at least 50 people for at least 20 workweeks in the current calendar year or the preceding year are also covered by the FMLA.
You must also qualify as an eligible employee. To be eligible for FMLA protection, you must have worked at least 1,250 hours for the same employer over the past 12 months at a location where at least 50 employees are working within 75 miles of the employer. You must also have worked for the same employer for at least 12 months over the previous seven years. Some collective bargaining agreements may extend this seven-year time period.
If you meet these criteria and your employer has violated your rights under the FMLA, Herman Law Group is here to help.
It Is Illegal for Your Employer to Retaliate When You Use Your FMLA Benefit
The U.S. Department of Labor declares that it is illegal for employers to use FMLA leave to make employment decisions, including:
- Decisions about hiring
- Decisions about promotions
- Disciplinary actions
- Counting FMLA leave toward a points system that tracks employee attendance
Employers cannot retaliate against you because of any complaint you file with the Wage and Hour Division or because you file a lawsuit to protect your rights under the FMLA.
If it becomes clear to you that your rights have been violated, or if you’ve tried to claim your FMLA benefits and your employer is retaliating, we can help. It’s wise to reach out to us right away so that we can start creating a strategy to achieve the best possible outcome in your case.
You Need an Experienced Family & Medical Leave Act (FMLA) Lawyer
There are few things more important to a person than taking time to bond with a new child or care for a loved one struggling with a major illness. That’s why the Family and Medical Leave Act was passed in the first place.
Unfortunately, many employers refuse to abide by the law and will deny FMLA leave to their employees for their own convenience or simply out of spite. Regardless of the reason, it is unacceptable for any employer to ignore or defy federal law.
Contact Our Rhode Island & Massachusetts FMLA Attorney
If your employer has violated your rights under the FMLA, you can depend on us to fight for the justice you deserve. Louise A. Herman, Esq. takes her inspiration from her clients who have shown the courage to stand up to bullying employers. When you contact us about your case, she will sit down with you and listen compassionately to your story, then develop a plan to fight for your rights.
She is a member of the Massachusetts Employment Lawyers Association and the National Employment Lawyers Association, among others, and has written articles for the Rhode Island Lawyers Weekly and Massachusetts Lawyers Weekly. She prides herself on serving her clients with courage and compassion. Contact the Herman Law Group today so you can tell us your story. We’d love to get to work on your case!
Herman Law Group is based in Providence and offers its services throughout the state, including Bristol County, Kent County, Washington County, Providence County, Attleboro, Warwick, & Cranston. Additionally, the firm extends its expertise across all of Massachusetts.
