| Family and Medical Leave Act |
The Family and Medical Leave Act ("FMLA") was passed by Congress in 1993 in an effort to provide employees protection in case they need to take time off from work for their own medical conditions or the medical condition of a family member.
Coverage of the FMLA does not extend to all employees and not all employers fall under the FMLA. The FMLA also does not mandate that the off time will be paid. What the FMLA does provide is time off for certain medical conditions of the employee or a family member. Additionally, the FMLA seeks to protect the covered employee's ability to return to his or her position upon return to work at the end of the leave.
Recent developments of the Act also provide for similar vacation time for families of deployed military personnel under certain circumstances.
Many employers do not recognize their duties under the FMLA, including what events trigger their responsibility to inquire about the employee's condition. Such lack of knowledge may result in liability, even when no harm was intended by the employer in denying the employee's rights.
Similarly, many employees are not aware of their own duties related to their application for leave, which may result in denial of their otherwise legitimate requests.
Our FMLA attorneys are experienced in sifting through these and other legal and factual issues and are well equipped to provide advice, training, and representation to employers and human resouce personnel, as well as representation to employees seeking recourse for violations by their employers.
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