Medical Leave

Dallas employment attorney Stacy Cole represents employees who have been denied medical leave or retaliated against for taking medical leave. The Family Medical Leave Act (commonly referred to as the “FMLA”) provides many employees with the ability to take up to twelve weeks of unpaid time off each year to treat a serious medical condition or care for an immediate family member with a serious medical condition. The FMLA also prohibits employers from retaliating against employees for taking approved FMLA leave. Additionally, the FMLA places numerous administrative and procedural requirements on employers. It is very common for employers to make mistakes when administering FMLA rights.

If you have been denied the right to take medical leave or if you are being retaliated against for taking FMLA leave, contact our Dallas employment attorney Stacy Cole today to setup a consultation.

Is FMLA Leave Paid or Unpaid?

The FMLA requires certain employers to allow employees up to twelve weeks of unpaid medical leave per year. The FMLA does require an employer to continue paying for health benefits while an employee is on FMLA leave.

An employer can decide to pay an employee while on medical leave, but the employer must follow the policy for all employees. If not, an employer may violate FMLA laws regarding employment discrimination and the administration of benefits. It is the responsibility an employer to provide proper FMLA notice to an employee prior to the employee taking medical leave.

Contact Dallas employment attorney Stacy Cole today if you have been your right to take FMLA leave.

FMLA Requirements

The FMLA only applies to certain employers and employees. For the FMLA to apply to an employer, the employer must have 50 or more employees within 75 miles. Case law has impacted how to calculate the geographic requirement. This analysis can be difficult, depending on how an employer structures its locations.

The FMLA provides rights to employees who (1) work for a qualified employer, (2) have worked for their employer at least 12 month, and (3) have worked at least 1,250 in the last 12 months. However, to meet the 12-month requirement, it does not have to be a consecutive 12-month period.

If you are a qualified employee and have been denied your right to take FMLA leave, contact Dallas employment attorney Stacy Cole today.

Additional Medical Leave Laws

In addition to the FMLA, other laws may provide employees with the right to take protected medical leave. For example, the Americans with Disabilities Act (“ADAAA”) allows disabled employees the right to a reasonable accommodation. Medical leave to treat a disability is one of the most common types of reasonable accommodations. The ADA and the FMLA often work together to provide employees with protection from employers.  If you have been denied a reasonable accommodation, contact Dallas employment attorney Stacy Cole today.

In limited circumstances, the ADAAA may provide for additional leave once an employee has exhausted his or her FMLA leave. For example, if an employee takes 12 weeks of FMLA leave to treat a disability, but needs two more days of medical leave before returning to work. It may be a reasonable accommodation under the ADAAA to allow the employee two more days off of work. If you have exhausted your FMLA leave and need more time off, contact a Dallas employment lawyer today.

Does the FMLA Provide for Maternity and Paternity Leave

Dallas employment lawyer Stacy Cole represents employees who have been unlawfully denied the right to take maternity or paternity leave.  The FMLA provides certain employees with the right to take up to 12 weeks of unpaid leave for the birth or adoption of a new child.  The FMLA prohibits employers from retaliating against an employee who lawfully takes maternity or paternity leave.  Additionally, you may have a claim for pregnancy discrimination if your employer denies you the ability to take maternity leave or retaliates against you for taking maternity leave.   Contact Dallas employment lawyer Stacy Cole if you have been denied the right to take FMLA leave.

There are often short time frames to bring a claim against an employer. Contact Dallas employment attorney Stacy Cole today if you have been denied the right to take medical leave or if you have been retaliated against for taking leave.

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