Experienced Utah Employment Law Attorneys
The Family and Medical Leave Act (FMLA) gives employees the right to take time off work to care for certain medical needs for you and your family without losing your job or your benefits.
If your employer has violated your rights under the FMLA by denying your leave, reducing your position or pay because you took leave, or terminating your employment, call us immediately. At Pearson Butler, we understand if your employer violated the FMLA and can help you navigate a case to recover damages which can include lost pay and benefits, compensation for the cost of providing care to a family member, and reinstatement.
Protection Under the FMLA
The FMLA is designed to provide protection to workers of large companies and public sector employees. To qualify for FMLA protection, you must work at a company that has 50 or more employees working within a 75-mile radius, or for a government employer of any size. In order to qualify for FMLA leave, you must have worked at least 1,250 hours within the past 12 months. Under the FMLA, you are entitled to medical leave which can be taken all at once, or intermittently as needed. Your employer is required to maintain your group health insurance coverage. When you are ready to return to work, the company must provide you with the same position you held before you left, or in similar position with similar pay and benefits.
Under the FMLA, you can take up to 12 weeks off within a single year for:
- Childbirth and care of a newborn child.
- Adopting a child into your family.
- Care of your spouse, child, or parent who is suffering from a serious health condition.
- Receiving treatment and recovering from a serious health condition.
- To manage and cope with certain situations related to a family members active military status ( up to 26 weeks of leave is allowable to care for a wounded or ill service member in your family).
FMLA claims can often be resolved by informal negotiations with your employer or in mediation. But at Pearson Butler, we understand when and how to aggressively litigate your FMLA dispute.
Contact a Utah employment law attorney to discuss your options for defending your rights under the Family and Medical Leave Act.