Columbia Family Medical Leave Dispute Lawyers

Protecting Employers in FMLA Disputes in Columbia, MD

The Family Medical Leave Act (FMLA) provides critical protections for employees who need time off to care for themselves or their families during significant life events. Whether leave is needed for the birth of a child, to care for a seriously ill family member, or because of an employee's own health condition, FMLA guarantees eligible employees up to 12 weeks of unpaid leave within a 12-month period while ensuring that their jobs will be protected. Despite these protections, disputes often arise when employers fail to comply with the law, leading to denied leave requests, retaliation, or wrongful termination. At Freedman Law, LLC, we are committed to helping both employees and employers resolve FMLA-related disputes.

Understanding Employee Rights Under the Family Medical Leave Act

FMLA is a federal law that applies to employers that have at least 50 employees located within a 75-mile radius. An employee will become eligible to take FMLA leave once they have been employed by their employer for at least one year and have completed a minimum of 1,250 hours of work for the employer during the 12 months prior to the leave request. Employees have the right to take a maximum of 12 weeks of unpaid leave for specific family and medical reasons without fear of losing their job or health insurance coverage.

Under FMLA, eligible employees can take leave for the following reasons:

• The birth and care of a newborn child: Parents are entitled to take FMLA leave to care for a new child and ensure that a new mother will have the proper support.
• The adoption or foster care placement of a child: Employees can take leave when a child joins their family, allowing them to bond with the child and ensure a smooth transition.
• To care for an immediate family member with a serious health condition: Employees may take FMLA leave to provide care for a spouse, child, or parent who has a serious medical condition that requires ongoing assistance.
• For serious health conditions affecting the employee: If an employee is unable to work due to health issues that require medical treatment, they are entitled to FMLA leave.
• To address needs related to a family member's military service: The FMLA allows employees to take leave for specific reasons related to a family member's military service. If the employee's spouse, child, or parent is on active duty, leave may be taken to address family-related issues, such as to provide care for the service member's children.
• To provide care for a military service member: Employees may take a maximum of 26 weeks of leave to provide care and assistance for a family member who is a member of the military who has experienced a serious illness or suffered an injury.

Employees are generally required to provide notice of planned FMLA leave at least 30 days in advance. Leave may be taken intermittently, such as by specifying certain days or weeks when an employee will be on leave or creating a reduced schedule. Employers can work with employees to determine how to establish schedules that will provide the necessary leave while minimizing disruptions to the employer's operations.

Following FMLA leave, employees are entitled to return to their previous job or an equivalent position with the same pay, benefits, and working conditions. Employers are prohibited from retaliating against employees who exercise their FMLA rights, and they cannot interfere with an employee's ability to take leave.

Responding to FMLA Violations

Despite the protections offered by the FMLA, some employers may fail to uphold their obligations under the law. Employees may need to respond to the improper denial of leave, retaliation for requesting leave, or wrongful termination. At Freedman Law, LLC, we can help employees protect their rights and pursue justice in FMLA-related disputes. We can help address:

• Denied FMLA Leave: If a request for FMLA leave has been improperly denied, our attorneys can help an employee understand their rights and determine whether their employer is in violation of the law. We can assist with filing complaints with the U.S. Department of Labor (DOL) or pursuing legal action to enforce an employee's right to take leave.
• Retaliation for Requesting Leave: Retaliation against employees who request or take FMLA leave is illegal. Retaliatory actions can include demotion, reduction in hours, pay cuts, negative performance reviews, or other forms of unwarranted discipline. Our attorneys will work to gather evidence of retaliation, file the necessary claims, and seek remedies that hold employers accountable for these actions.
• Wrongful Termination: An employer cannot terminate an employee who requests FMLA leave or refuse to allow an employee to return to their previous position after taking leave. Freedman Law, LLC can help employees file wrongful termination claims in these situations. We will investigate the circumstances surrounding a termination and work to ensure that an employee will be compensated for lost wages, benefits, and other damages.
• Settlement Negotiations: In some cases, it may be possible to resolve FMLA disputes through negotiation between an employer and employee. Our attorneys are skilled negotiators who can work to reach fair settlements that will allow an employee to return to their former position or receive compensation for the financial losses related to FMLA violations.

Addressing FMLA Issues as an Employer

Freedman Law, LLC can provide legal assistance to employers who need to address FMLA-related issues. FMLA compliance is essential to avoiding costly disputes and maintaining a positive work environment. Our attorneys can help employers navigate the complexities of the FMLA and resolve disputes efficiently and effectively.

We can help employers understand their obligations under the FMLA and implement policies that ensure compliance. These policies may include providing training for management and HR personnel to ensure they understand their FMLA requirements, developing clear procedures for handling leave requests, and maintaining accurate records. We can also help ensure that employers provide the proper notices to employees regarding FMLA eligibility. This can help companies avoid violations, including in situations where businesses grow and reach the 50-employee threshold in which they will be covered under FMLA.

In situations where employers face claims of FMLA violations, Freedman Law, LLC can help determine the best response. We will review these claims, assess an employer's compliance with FMLA regulations, and develop strategies to resolve disputes while protecting our client's interests. Our goal is to resolve disputes in a manner that minimizes disruption to a business's operations. When appropriate, we can help employers negotiate settlements with employees to resolve FMLA disputes without the need for litigation. We strive to achieve fair and equitable resolutions that will protect a business while maintaining positive employee relations.

Contact Our McLean, VA FMLA Violation Attorneys

Family medical leave ensures that employees can care for themselves and their loved ones during significant life events. If you are facing an FMLA-related dispute as an employee or employer, the attorneys at Freedman Law, LLC can help you protect your rights and work with you to resolve these issues successfully. To discuss your situation and explore your legal options, contact Freedman Law, LLC at 410-290-6230.