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Birmingham Family & Medical Leave Violations Attorneys
We Are Dedicated to Protecting the Rights of All Workers
At Michel | King, our team of compassionate legal professionals understands that major life events like the birth of a child or the death of a loved one require people to take time away from work so they can handle subsequent affairs. While many workers in Alabama are covered by the Family and Medical Leave Act (FMLA) so they can take unpaid time off for things like surgeries, hospitalizations, and recovery from serious illnesses, many employers wrongfully deny FMLA leave for a variety of reasons.
What Is the Family and Medical Leave Act?
Under the FMLA, employers are required to provide their workers with up to 12 weeks of unpaid medical leave for qualifying events. In order to be eligible for FMLA leave, the employer you work for must have at least 50 workers within a 75-mile radius. Employees must also work at least 1,250 hours during the past year and also have to work for the employer for at least one year to qualify.
Employers have the right to require employees to use all of their accrued paid leave, sick time, personal time, vacation time, or other compensated time off before invoking unpaid FMLA leave. Employers must also allow employees who use FMLA leave to return to a similar job role as before they left. Although the employer doesn’t have to give the employee the same exact job title, they can’t demote, terminate, or take adverse action against them as a form of retaliation for using FMLA leave.
Which Major Life Events Qualify for FMLA Leave?
FMLA leave can be requested for the following life events and medical emergencies:
- The birth or adoption of a child
- Caring for a spouse, child, or parent who has a serious health condition
- To seek care for a serious health condition that is preventing the employee from performing their job responsibilities
- The employee has a qualifying need related to a spouse, child, or parent who is in the military and called to covered active duty status
Common Types of FMLA Violations
We have more than 50 years of combined experience helping clients fight back against employers who violate the FMLA. Common FMLA violations we handle include:
- Wrongful termination because of an illness
- Wrongful demotion after an employee has given birth or missed a substantial amount of work
- Firing an employee for taking care of a relative, spouse, or child
- Loss of wages and employee benefits related to medical or family emergencies
- Failing to recognize serious health conditions
- Refusing to allow employees to take leave for qualifying conditions
- Requiring employees to give too much notice for an FMLA request
- Failing to inform employees of their rights and obligations under the FMLA
If your employer refuses qualifying leave under the FMLA, then you might be entitled to file a lawsuit to pursue damages.
Call Us Today
Do you have more questions about requesting leave under the FMLA? Then please reach out to Michel | King in Birmingham so we can discuss your situation and help you find the best possible solution. We are committed to helping clients of all backgrounds seek justice for their mistreatment, and we will vigorously fight to protect your best interests throughout the legal process.