Determining When You Need An FMLA Lawyer
FMLA mandates employers to give qualified employees time off for medical or caretaking reasons. The acceptable reasons include sickness, pregnancy, care for a newborn, child adoption, foster care placement, and care for a sick immediate family member. All legible employers are entitled to time off or work a less stressful schedule. However, if your employer denies you time off, coerces you to return to work, or refuses to give you your job back, you should talk to an FMLA lawyer. They can assert your rights and take legal action on your behalf if necessary. The following are some of the many ways employers may violate your rights and how an FMLA lawyer may assist you.
Denial of FMLA Leave
Your employer should not deny FMLA rights to which you are legally entitled. When you request FMLA leave, your employer is required to inform you of your legal rights and obligations, give you the necessary assistance needed to take time off work, and advise you of the criteria for returning to work after your leave is over. If your employer denies you time off or discourages you from taking the leave, you should involve your FMLA lawyer. Furthermore, your employer should not make it cumbersome to take the leave by requiring unreasonable notices. For unforeseeable circumstances, you are obliged only to give reasonable notice under the circumstances. As such, disgruntled employees should hire FMLA lawyers for effective representation.
Withdrawal of Your Health Insurance
If you qualify for an FMLA leave, you have the right to keep your health insurance as long as you pay the premiums. Your employer should not violate such rights for any reason other than non-payment. It is advisable to inquire from your employer the mode of payment for the premiums considering FMLA leave is unpaid. While you can choose to negotiate with your employer independently, it is good to hire a professional. Your FMLA lawyer can help mitigate any issues that may arise and restore your health insurance. If you fail to pay on time, your employer should give you time to rectify the problem.
Failure to Get your Job Back
Your FMLA lawyer may also represent you in case of unfair termination related to an FMLA leave. An FMLA leave cannot be used by your employer to either discipline or sack you. The FMLA requires you to give two days' notice before returning to work, after which your employer must immediately reinstate you. They are breaking the law when they reinstate you in a different position, fail to restore all your benefits, or count your leave against you.
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