Rights under the Family and Medical Leave Act
When you or a loved one get sick, you know that health come first. And so does the law.
Employers cannot fire employees who suffer from a serious health condition or who need time off to take care of a family member. Employers are required to afford employees a level of understanding and flexibility when it comes to taking care of their health and the health of their families. That understanding means that an employee has a right to take a leave of absence and attend on-going medical treatments without running the risk of losing his or her job.
Employers do not always do what the law requires. Some employers discourage employees from using their rights to take a medical leave, and resent those who do. When an employer interferes with or discourages an employee from using their rights under federal law, or retaliates against an employee who has taken a leave of absence, they violate the law. Job eliminations, false write-ups, discipline, evaluations and terminations done in retaliation for taking a medical leave are illegal.
Thorman Hardin-Levine has litigated hundreds of claims under the Family and Medical Leave Act. The firm has advised clients who have been fired after taking medical leave, counseled other employees as to their rights in on-going employment situations and sued employers who refuse to provide the rights guaranteed by federal law. In 2010, the firm obtained a $1.92 million dollar payment following a favorable verdict on behalf of a woman who was fired after seeking medical leave. The firm's success in pursuing FMLA claims is unparalleled.