Family and medical emergencies don’t always come with warnings. That leaves employees in a difficult position: balancing their work responsibilities with their personal and health needs.
The federal Family and Medical Leave Act (FMLA) gives employees the ability to take unpaid, job-protected leave for certain family and medical reasons. Unfortunately, even with these protections in place, many employees face wrongful denial, retaliation, or confusion about their rights.
Ramage Lykos’s Pennsylvania employment lawyers know how overwhelming it can be to navigate FMLA-related issues. That’s why we’re committed to helping you understand your rights and fight for the fair treatment you deserve. Whether you’re facing difficulty with qualifying for leave, encountering retaliation, or struggling to get your job back after taking leave, our legal team is here to support you every step of the way.
Call us today for a consultation to discover how we can help protect your rights.
The Family and Medical Leave Act is a federal law. This allows certain employees to take up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. This provides employees the flexibility they need to address serious health conditions, care for a family member, or handle family emergencies—all without fear of losing their job.
Eligibility Requirements
The FMLA doesn’t apply to every company or every employee. To qualify for FMLA leave, you must meet the following criteria:
FMLA applies to public agencies, schools, and private-sector employers who employ 50 or more employees within a 75-mile radius.
Employees must have worked a minimum of 1,250 hours in the 12 months leading up to the leave request.
Employees must work at a location where there are at least 50 employees within 75 miles.
Covered Reasons for Leave
If you qualify for FMLA coverage, the law allows you to take leave for the following reasons:
Leave Duration
If you’re eligible for FMLA leave, you are entitled to up to 12 weeks of unpaid leave in a 12-month period. The 12 weeks of leave can be taken all at once or in smaller periods, depending on why you’re taking leave and what kind of leave you need.
In some cases, you may also be entitled to an extension of your leave beyond 12 weeks. This is most common when you have a serious health condition that requires longer treatment or recovery time.
After your leave ends, you are entitled to return to the same or equivalent position.
While you may file your own FMLA claim, it’s not advisable. Understanding your rights under the FMLA and working through the claims process can be confusing. Working with an experienced FMLA claims lawyer at Ramage Lykos is the best way to ensure your rights are protected.
Employment lawyers can help by:
If you’ve experienced issues with taking FMLA leave, call us today for a consultation.
Although the FMLA is supposed to protect employees, some employers fail to comply with the law. Some of the most common problems we see include:
Denying Leave
FMLA leave can be denied leave for a variety of reasons, whether due to misunderstandings or intentional violations. For example, employers might incorrectly claim that you don’t meet eligibility criteria. They may argue that you haven’t worked at least 1,250 hours over the past 12 months or that your workplace doesn’t have enough employees to qualify.
Similarly, employers may not inform you of your rights. Under the FMLA, employers are required to notify you when you are eligible for leave. They also must provide information on how to take that leave.
Retaliation and Discrimination
Employees who take FMLA leave are supposed to be protected from retaliation or discrimination. However, retaliation can manifest in many forms. Common forms of retaliation include demotion, job reassignment, unfair disciplinary actions, and termination.
Problems with Job Restoration
When you return from FMLA leave, you should be reinstated to your original position—or an equivalent with the same pay, benefits, and job responsibilities. Unfortunately, some employers fail to comply with these protections. You could receive lower pay with fewer benefits or be assigned to a non-equivalent job.
Improper Documentation Requests
Employers sometimes request excessive or inappropriate documentation when you apply for FMLA leave. Of course, it’s reasonable to ask for documentation to verify why you need to take leave.
However, some employers may request sensitive and unnecessary medical information, like a detailed diagnosis or information unrelated to your ability to perform your job. This violates your rights and is often distressing and intrusive.
Fighting for your rights is at the heart of everything we do at Ramage Lykos. From the moment we take your case, we’ll explain your rights, build a strong legal strategy, and work to protect your rights. We take pride in our client-centered approach—we’ll listen carefully to your concerns and create a plan to prioritize your best interests.
Our proactive approach helps us address your current issues and work to prevent future violations. Thanks to our strong command of both federal and state employment law, we are fully equipped to handle complex FMLA claims.
We’re known for our aggressive employment law advocacy and history of positive results. Ramage Lykos stands up for employees who have experienced retaliation and wrongful denials.
When you’re eligible to take FMLA leave, you deserve to take it without fear of retaliation or dismissal. If you believe your rights have been violated, you must act quickly. Don’t let your employer take advantage of you. Reach out to Ramage Lykos today to take the first step toward protecting your job and your future.
