Pennsylvania Family and Medical Leave (FMLA) Lawyer

What is the Family Medical Leave Act (FMLA)?

The Family Medical Leave Act is a federal law that protects employees with up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. The FMLA applies to all public agencies, including local, state, and federal employers, as well as private-sector employers who have 50 or more employees working within 75 miles.

What Situations are Covered Under the FMLA?

The FMLA allows eligible employees to take leave for the following situations:

• Birth of a child and bonding with a newborn child
• Adoption or foster care placement of a child
• Caring for a spouse, child, or parent with a serious health condition
• A serious medical condition that makes the employee unable to work
• Qualifying exigency arising out of the fact that a military family member is on active duty or called to active duty in the Armed Forces.

Eligibility for FMLA Benefits

Employees are eligible for FMLA benefits if they have worked for their employer for at least 12 months and have completed at least 1,250 hours of service during the previous 12-month period. Additionally, employees must work at a location where the company has 50 or more employees within 75 miles.

Protection, Not Pay

It is important to note that the FMLA provides job protection, not pay. While an employee may take up to 12 weeks of unpaid leave, they are still responsible for their share (if any) of health insurance premiums during this time. However, employers are required to maintain the employee’s benefits while on leave.

Your Rights Under the FMLA

Under the Family Medical Leave Act, you have the right to:

• Take up to 12 weeks of unpaid leave for qualifying family and medical reasons.
• Return to the previous position or an equivalent position with the same pay, benefits, and terms of employment.
• Maintain your health benefits during your leave.
• Not be retaliated against for taking FMLA leave.
• Receive proper notice and information about your rights under the FMLA from your employer.

If you believe your rights under the FMLA have been violated, it is important to seek legal counsel and protect your rights. At Wusinich, Sweeney & Ryan, we are dedicated to fighting for the rights of employees and holding employers accountable for violating their obligations under the FMLA.

What to Do if Your FMLA Rights Have Been Violated

If you believe your rights under the Family Medical Leave Act have been violated, it is important to take action. Here are some steps you can take:

1. Document everything: Keep detailed records of any incidents or interactions related to your leave or return to work.
2. Contact an experienced lawyer: Reach out to a trusted FMLA attorney who can guide you through the process and protect your rights.
3. Consult with HR: If possible, speak with someone in human resources about the issue and try to resolve it internally.
4. File a complaint: You may need to file a complaint with the U.S. Department of Labor or take legal action against a covered employer.

At Wusinich, Sweeney & Ryan, we understand how unsettling it can be to face an FMLA violation of your rights as an employee. We will work diligently and aggressively to protect your rights and hold your employer accountable for any violations.