Dallas FMLA lawyers represent employees in FMLA retaliation and interference lawsuits in Dallas and surrounding parts of Texas. The Family Medical Leave Act protects an employee’s right to unpaid medical leave. An employer who violates an employee’s FMLA rights is liable to the employee for lost wages, attorney’s fees and other damages. If you believe your employer violated your FMLA rights then you should contact FMLA lawyers in Dallas, Texas to schedule a consultation and discuss your potential claim. Employment lawyers in Dallas, Texas represent employees in FMLA negotiations, settlements and lawsuits.
What is FMLA?
The Family Medical Leave Act protects the right of eligible employees of covered employers to up to twelve weeks of unpaid medical leave for a serious medical condition of the employee or a family member, childbirth, care of a servicemember injured in duty, or for bonding with a newborn or recently adopted child. To receive FMLA protection the employee’s medical leave request must satisfy each element:
- Eligible employee;
- Covered employer;
- No more than twelve weeks;
- For the purpose of:
- The employee’s serious medical condition; or
- The serious medical condition of a close family member; or
- Childbirth; or
- Bonding with a newborn; or
- Bonding with a recently adopted or foster child; or
- Care for a servicemember injured on duty.
An eligible employee is one who worked for a covered employer for at least 1000 hours and one year. A covered employer is an employer with at least fifty employees within a seventy-five mile radius of the eligible employee’s worksite. A serious medical condition is an illness, injury, impairment or physical or mental condition that involves inpatient care (defined as an overnight stay in a hospital, hospice or residential medical care facility; any overnight admission to such facilities is an automatic trigger for FMLA eligibility) or continuing treatment by a health care provider.
FMLA reinstatement rights
FMLA protects the right to take leave and return to your job at the end of the leave. The reinstatement right protects your job from an employer wrongfully terminating you, demoting you, cutting your pay, cutting your benefits, or reducing work responsibilities in retaliation for taking medical leave. The right is not absolute; there are reasons why the employer could fire or demote an employee while on FMLA leave. These are narrow exceptions under FMLA. If you suffered an adverse action against your job after taking FMLA leave then you should talk to Dallas FMLA lawyers ASAP.
Was my FMLA wrongfully denied?
Employers wrongfully deny FMLA leave for many reasons including:
- Injecting its own ideas of what qualifies as a serious medical condition for purposes of FMLA;
- Retaliating against the employee for requesting FMLA leave;
- Requiring certification of a serious medical condition beyond the limits of FMLA regulations;
- Refusing FMLA-protected leave for any reason unrelated to the employee’s request;
- Negligently refusing to consider and approve a qualifying request for medical leave;
- Interfering with FMLA leave, such as requiring the employee to work from home or come to work in a manner that destroys the employee’s ability to meaningfully use the medical leave for treatment or recovery.
An employer who wrongfully denies FMLA leave is liable to the employee for the interference or retaliation. If your employment wrongfully denied your FMLA leave then you should schedule a consultation with FMLA lawyers in Dallas, Texas to discuss your options.
How can Dallas FMLA lawyers help?
Dallas FMLA lawyers can help with an FMLA problem in two ways. First, your employer may have wrongfully denied FMLA leave and you need help securing FMLA leave for a looming medical situation, such as a surgery or childbirth. In these situations Dallas FMLA lawyers can negotiate with your employer to help cure the disagreement and get you approved FMLA leave and protect your job.
Second, if your employer took adverse action against your job, such as firing you or demoting you, then an FMLA lawyer in Dallas, Texas can represent you in pursuing remedies against your employer. Often this includes filing a lawsuit against the employer to recover lost wages, liquidated damages, attorneys fees and other financial relief. Depending upon the facts, it may be possible to seek an order restoring you to the job you held before leave.