What is it?
The federal Family Medical Leave Act (FMLA) is a law that protects your job when you need time off to take care of your family or your health. This law requires employers to grant up to 12 weeks of unpaid leave during a 12 month period to an employee who needs to take time off for:
- Childbirth
- Child adoption
- Care of an immediate family member’s serious health condition
- Care of your own serious health condition
This is an important law for primary caregivers and people struggling with an illness that affects their ability to work. An employee seeking FMLA leave has the right to retain health care benefits during the leave and to return to the same or equivalent position when the leave is complete. When an employee returns from leave, the employer must provide the employee with the same benefits.
What is the consequence?
If an employer violates this law, employees can seek to be reinstated to their jobs and get back pay for time lost due to the violation. Employees may also be eligible for a money award equal to the amount of pay they lost because of the employer’s violation plus interest. Filing a civil lawsuit in conjunction with another cause of action, like gender, pregnancy or disability discrimination, may result in more monetary relief for the employee.
For more information about your right to take Family & Medical Leave, contact Triquetra Law at: 717-299-6300.