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The FMLA allows employees to take intermittent leave. Intermittent leave means you divide the 12 weeks leave as you see fit. An employer cannot fire you or demote you for using intermittent FMLA time, whether for yourself or immediate family members.
Any attempt to fire you from work, punish you, or discriminate against you for using intermittent FMLA leave violates your rights under federal law.
The Family and Medical Leave Act is a federal law that allows qualified employees to take unpaid medical leave to care for themselves, a spouse, child, or parent. The FMLA provides the following benefits:
To be eligible for FMLA leave, you must:
You may use the leave to help a family member with a serious health condition. A serious health condition is defined as:
Military family caregivers can take up to 26 weeks off to attend to issues that arise from a spouse, child, or parent deployed to active duty. These issues may include:
The FMLA provides qualified employees with 12 weeks of unpaid medical leave to use as needed in a 12-month period. Intermittent FMLA leave means that you will divide the 12 weeks as necessary. You may choose to divide the 60 workdays as follows:
Unless it is an emergency, you must give your employer advance notice of your FMLA leave. Your employer or HR manager has the right to contact your loved ones’ doctors to confirm the leave is necessary.
You may use intermittent FMLA leave for some of the following medical conditions:
Unless there is an undue hardship on the company, your employer should approve any verified intermittent FMLA leave. Once it is approved, your employer must follow the guidelines of the law. You cannot get fired from work because you are taking qualified FMLA leave, even if it is intermittently. Firing you for taking FMLA leave is wrongful termination.
Also, your employer may not harass you regarding the intermittent FMLA leave. Harassment includes spreading news throughout the office about your family’s health concerns without your consent or threatening you that your job will not be available when you come back to work.
Consult an experienced employment lawyer if your boss denied you the right to return to work or violated your FMLA leave rights.
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It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
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If your position is not available, your employer must give you a comparable position. The new position must provide the same pay and benefits as your original position. You must be qualified for the position. Otherwise, the change in position can be seen as retaliation because it sets you up to get fired from work.
If your employer violates your rights under the FMLA, you may file a lawsuit in federal court. If you believe the violation is on purpose, the courts give a time limit of 3 years. However, under many circumstances, the statute of limitations to file a lawsuit is two years. Discuss your case with a qualified FMLA lawyer to ensure you file your claim within the time limit allowed under the law.
Victims of FMLA violations want compensation. You want financial relief and may even want your job back. The courts may offer financial remedies, such as money for emotional distress and pain and suffering, lost wages, and legal fees. They may also offer injunctive relief to help make you whole again.
You have the right to take intermittent FMLA leave. If your employer denies you this right, you have the right to receive justice. A qualified FMLA attorney can help you stand up for your rights.
They will help you draft a complaint to ensure your case gets its day in court. They will help you negotiate a settlement from the moment you decide to file a complaint.
Your employer will be armed with attorneys helping to defend his actions. Your attorney can anticipate his argument and ensure you have an advocate fighting for your legal rights.
The FMLA is designed to give you peace of mind while you care for yourself and your family. When an employer violates the laws, the effects on your mental and physical health can be devastating. If you are the victim of FMLA violations in the workplace, the Derek Smith Law Group’s experienced attorneys can help.
Did Your Boss Deny Your Right to Intermittent FMLA Leave? Did You Get Fired from Work or Face Other Punishments Because You Used FMLA Leave Intermittently? Please Call Us at 800.807.2209 to Learn More About Your Rights.
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