It is an unfortunate truth that illness and accidents can happen to you or your loved ones at any time. Recognizing this, federal law allows employees up to 12 weeks of unpaid leave during a 12-month period for qualifying medical conditions. Upon your return to work, you must be given the same position you had when you left or one that is substantially similar.
Under certain circumstances, you can use your FMLA leave intermittently. In other words, you do not need to take 12 consecutive weeks of unpaid leave.
While its intention is straightforward, the practical applications of the FMLA can be complex. Many employers do not know their obligations under the FMLA, and some employers rely on their employees not knowing their rights. This means that many employers do not abide by FMLA requirements.
If you were not allowed the time you needed to recover from a medical condition or aid a sick parent, child or other close relative, you have legal options.
At Weisberg Law, our experienced FMLA attorneys can analyze your situation and provide you with experienced guidance regarding your legal options. We do not charge a fee for an initial consultation, so call us today at 484-842-4030 or toll free at 866-570-6945. We represent clients throughout Pennsylvania and New Jersey from our offices in Philadelphia and Morton.
Pregnancy Under The Family And Medical Leave Act
Pregnancy is included as a qualifying condition under the FMLA, if the mother requires leave for prenatal care or is incapacitated due to pregnancy. In addition, FMLA leave can be taken after childbirth for a mother to recover and to allow new parents time to bond with a child after birth or adoption. Pregnancy leave under the FMLA is gender-neutral, meaning that noncarrying parents also have the right to FMLA leave after the birth of their child.
Were You Given A Lower-Paying Job After Taking Leave?
Under the FMLA, your employer does not necessarily have to provide you with exactly the same position. However, the job does have to be substantially similar to the one you had prior to leave. What is substantially similar? Under FMLA regulations, an equivalent position is one that has similar responsibilities, working conditions, pay and benefits and must require the same skill, effort and authority.
If your position upon returning from FMLA leave has fewer opportunities for promotion, offers lower pay, does not involve the same duties or is otherwise dissimilar from your previous position, you may be able to recover in a lawsuit against your employer.
Contact Our Firm For A Consultation About Your Options
Weisberg Law provides free consultations for employees concerned about FMLA leave and potential violations by their employers. Our lawyers work on a contingency fee basis, so we take no fee unless we recover for you. Call us at 484-842-4030 or toll free at 866-570-6945, or reach us online.