The Family and Medical Leave Act of 1993 (FMLA) guarantees qualified employees the following:
When an individual is denied one or more FMLA rights, he or she could be a victim of discrimination. He or she could also be facing a wage-related issue with the employer.
Individuals who meet the following requirements may take up to 12 weeks of FMLA leave during each 12-month period:
Speak with your company’s Human Resources department. Before working with a lawyer and involving the Equal Employment Opportunity Commission (EEOC), you should have a paper trail that documents your attempts to resolve the issue with your company.
If your supervisor and Human Resources cannot resolve the issue for you, contact an experienced employment lawyer to discuss filing an EEOC claim. The EEOC will investigate your case and attempt to resolve the issue by facilitating a settlement between you and the company. If this cannot be done, you could have grounds to file a lawsuit to seek compensation for your damages.
Being denied the right to take time off is not the only issue an employee can face related to FMLA. An employee might be misclassified as an independent contractor in a company’s attempt to keep him or her from taking advantage of this and other employee rights, like overtime pay. An employee might also be denied the opportunity to continue making use of his or her employment benefits while out of work or have his or her position filled during the leave, denying him or her the opportunity to return to work at the same pay rate and responsibility level.
As an American employee, you have the right to take unpaid time off work to attend to your personal medical needs or those of your family. If you have been denied this right, either outright or if one of your related rights have been violated, speak with an experienced employment lawyer about your options. Contact The Law Office of Mitchell A. Kline today to schedule your initial consultation with us.
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