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Have your FMLA rights been violated?

On Behalf of | Nov 9, 2020 | Family And Medical Leave Act (fmla)

The Family and Medical Leave Act protects workers in America when they need to take a leave of absence from their jobs to look after their own medical needs or the medical needs of family members. Many employers must respect the rights Indiana residents have under the FMLA, as long as they are qualifying employers. The FMLA guarantees that a worker can return to employment after the leave of absence, in the same or similar position, but the trade-off for the employer is that the leave is unpaid.

Understanding FMLA rights

Many people face difficult medical situations that might require a leave of absence from work. However, it is important to understand whether or not your employer is legally obligated to offer FMLA leave. For example, if you work for a small business there is a chance that the FMLA does not apply to that employer. Or, if you have only worked for your employer for a short period of time, or in a part-time capacity, there is a chance that you may not qualify for the rights afforded by the FMLA.

But, when there is no doubt that your employer and you qualify for approvable FMLA leave, there may be no guarantee that your employer acts accordingly. Employers have been known to deny FMLA leave when they shouldn’t do so, or to tacitly threaten retaliation for workers who take FMLA leave. Violations of FMLA rights need to be addressed – sometimes through legal action.

At our law firm, we do our best to help our clients in Indiana who are facing FMLA leave challenges. For more information about how we might be able to help in your situation, please visit the Family and Medical Leave Act overview section of our law firm’s website.



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