The Family and Medical Leave Act (FMLA) is a federal statute that applies to both women and men who need to take time off from work for medical or family reasons, including caring for a sick family member, or to handle issues which arise from being pregnant, giving birth, and caring for a newborn. The leave is unpaid, but the FMLA protects your right to return to your job in the event that you qualify. At Hollifield Legal Centre, we represent working women by challenging employers who retaliate against employees for taking leave under the FMLA or who have interfered with a right to take such leave.

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Many working women are also the primary caregivers in their families. We will help you protect your rights to care for your family and children while preserving your employment.

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To qualify for the FMLA:

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• Your employer must have at least 50 employees.

• You must have worked for your current employer for at least 12 months, which do not need to be consecutive months.

• You must have worked 1,250 hours in the 12 months immediately preceding the need for leave.

 

If you are pregnant or wondering if you qualify under the Family and Medical Leave Act because you or your parent, child, or spouse is ill, FMLA lawyer Travis R. Hollifield can assist you in explaining your rights. Many claims arise when a worker is denied leave or retaliated against for trying to take leave per the federal statute. There are two claims that can be brought against an employer:

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• Retaliation: where an employer does not reinstate you or reinstates you in a lesser position or commits other acts of retaliation, such as denying you benefits or otherwise altering the terms and conditions of your employment

• Interference: where an employer interferes with your right to take leave, which may include a total denial of your rights under the FMLA

 

Under the FMLA, if you have suffered from retaliation or interference, you are entitled to recover the economic loss you have suffered including lost pay and the value of lost benefits and out-of-pocket expenses. You may be entitled to double that amount if the court or jury finds that the employer willfully retaliated or interfered with your rights. At Hollifield Legal Centre, we defend and protect the rights of women against violating employers.  Contact us today for more information regarding your rights to make a Family Medical Leave Act (FMLA) claim.

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FMLA and pregnancy

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Many women whose employers do not offer maternity leave will be protected by the FMLA. The FMLA gives eligible pregnant women the ability to take time off from work during and after pregnancy. This provides women with the opportunity to give birth and bond with the newborn without the pressure of having to return immediately to work. The FMLA also protects women and men who adopt a child. Contact us to learn more about your FMLA rights.