What is the Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for certain family or medical reasons, including the birth or adoption of a child, a serious health condition, or caring for a seriously ill family member.
It applies equally in Pennsylvania and New Jersey, but New Jersey employees may also have rights under the New Jersey Family Leave Act (NJFLA), which can provide additional protections.
How We Help
Our team of attorneys is equipped with the knowledge and experience to help you bring your FMLA claim forward.
FMLA Interference Claims
Interference claims relate to instances when employers block or discourage your leave.
FMLA Retaliation Claims
Retaliation claims relate to situations when your employers takes adverse actions following a leave request or use of leave.
Denial of Benefits Protected by FMLA
This is when employers refuse to provide you with the benefits afforded by the FMLA, including not approving leave or restoring your position when your leave has ended.
Related Claims
There may be additional claims you can file, particularly around issues like pregnancy discrimination or ADA (Americans with Disabilities Act) disability claims.
Our experienced attorneys help clients protect their rights with a results-driven approach throughout the country.
What are signs my employer might be violating my FMLA rights?
- Close timing between negative employer actions (such as poor performance reviews, performance improvement plans, or termination) with protected activities (such as the employee’s return from leave, employee’s decision to take leave, or the employee telling the employer about the medical condition or pregnancy).
- Attendance infractions during time periods that overlap with FMLA leave.
- Disciplinary write-ups during FMLA leave.
- Negative performance reviews or write-ups that reference the employee’s FMLA leave, medical condition, or pregnancy.
- Employer telling the employee not to take leave until the FMLA paperwork is approved.
- Employer penalizing the employee because of trivial mistakes in FMLA paperwork, for example assessing attendance violations after the FMLA certification was submitted because the certification had minor errors.
- Employer failing to tell the employee about the need for an FMLA certification and the consequences of not providing an FMLA certification.
- Employer terminating the employee just before the employee becomes eligible for FMLA leave.
Frequently Asked Questions About FMLA
The FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for certain family or medical reasons, including the birth or adoption of a child, a serious health condition, or caring for a seriously ill family member.
No. Employers cannot interfere with your right to take FMLA leave or retaliate against you for requesting or using it. Retaliation includes termination, demotion, or negative evaluations tied to your leave.
Yes, if your employer is a private company with 50 or more employees within 75 miles of your worksite, or if it is a public agency, school, or municipality.
You must (1) have worked for your employer for at least 12 months (not necessarily consecutively), (2) have worked 1,250 hours in the past 12 months, and (3) work at a location where the employer has at least 50 employees within 75 miles.
No. Employers may not count approved FMLA leave under “no fault” attendance policies or treat it as unexcused absence. Doing so is considered prohibited interference.
You generally have 2 years from the date of the violation, or 3 years if the violation was willful. However, acting quickly is important because FMLA claims often overlap with pregnancy discrimination or disability discrimination claims, which can have shorter time limits.
You may be eligible to recover lost wages, lost benefits, and interest, as well as an equal amount as liquidated damages, plus attorney’s fees and costs. Courts can also order reinstatement.
Our firm often offers contingency fee arrangements, meaning you pay no attorney’s fees unless we win or there is a settlement. Under FMLA, a successful plaintiff’s attorney’s fees can also be paid by the employer.
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Our experienced attorneys help clients protect their rights with a results-driven approach throughout the country.