Lake County Employment Lawyer
The Family and Medical Leave Act (FMLA) is a federal law that gives certain employees leave of absence rights with respect to family and caretaking obligations. Because of the far-reaching implications of FMLA regulations, it is not something that should be taken lightly, nor should FMLA violations go ignored.
The FMLA employment lawyer William Provenzano advises and represents clients in connection with claims of FMLA violations and other employment claims. With more than 30 years of experience representing clients throughout Lake County in connection with employment and labor law, he has the skill and experience you need when dealing with an FMLA violation.
Contact our office today at (847) 816-6588.
FMLA Rules and Regulations
The Family and Medical Leave Act does not apply to all employees, so if you suspect an FMLA violation by your employer, you should first determine whether the FMLA rules apply to your employer. In order for FMLA regulations to apply, the employer must have 50 or more employees; the employee must have been employed for at least 12 months, working at least 1,250 hours during that 12-month period; and the employee must work in a location with at least 50 employees within a 75 mile radius. If these conditions apply, then the employer is required to comply with FMLA rules such as:
- Providing 12 weeks job protected time off (or 26 weeks if family member is military service member) per year if the employee or his or her child, spouse, or parent has a serious health condition; or for the birth of a child of the employee, or placement of a child with the employee for adoption or foster care; and
- Continuing to provide group health benefits during the FMLA leave of absence which are equivalent to the benefit coverage to which the employee was entitled prior to the FMLA leave; and
- Allowing the employee to return to the same or equivalent position upon return from the FMLA leave of absence.
FMLA Violations by Employers
If you believe that your employer has violated FMLA rules, you may wish to consult with an employment lawyer to learn more about your rights and options. For example, if your employer failed to restore you to your job or to an equivalent position following FMLA leave, or retaliated against you for taking FMLA leave, the employer may have violated the FMLA. An employment attorney can help you assert a claim against the employer. In many cases, a remedy can be negotiated with the employer.
An employment attorney can also help you file a lawsuit against the employer to enforce your FMLA rights or recover money damages for discrimination, retaliation or wrongful termination incurred as a result of requested FMLA leave. It is important to not delay in consulting with an employment attorney, however, since there are time limits on when an FMLA lawsuit can be filed.
Contact an FMLA Employment Lawyer
William J. Provenzano handles all types of employment claims, including FMLA violations, gender/sex discrimination claims, unpaid overtime, wage and hour claims, and other employment claims. If you would like more information on FMLA rules, contact our office at (847) 816-6588.
