Texas Employment Lawyer Representing Employees in FMLA Disputes
Disputes arising under the Family and Medical Leave Act (FMLA) in Austin can take many different forms. In some scenarios, an employee will request FMLA leave for which she or he is entitled, and the employer will wrongfully deny the leave. Or, in other situations, an employee may request FMLA leave that is granted, only to be denied his or her job once that employee returns to work at the end of the FMLA leave period. Or, still, an employee may face retaliation simply for requesting FMLA leave, and that employee may be terminated or demoted as a result of requesting the leave. Regardless of the type of FMLA violation, your rights as an employee or executive may have been violated.
When you are facing an FMLA dispute, it is critical to have an experienced, Board Certified Labor and Employment Austin FMLA disputes lawyer on your side.
What is the Family and Medical Leave Act (FMLA)?
The FMLA provides eligible employees who work for covered employers to take up to 12 workweeks of unpaid, job-protected leave within a 12-month period. An employee who is eligible can take FMLA leave for any of the following:
- Birth of a child, and to care for the child within a year from the date of birth;
- Placement of a child for adoption with the employee, and to care for the child within one year from the date of the child’s placement;
- Provide care for the employee’s spouse, child, or parent with a health condition;
- Employee’s own health condition that renders the employee unable to perform his or her job; or
- Qualifying exigency relating to the employee’s spouse, child, or parent who is a “covered active duty” member of the military.
Employees may also be eligible for up to 26 workweeks of unpaid, job-protected leave over a 12-month period to care for a service member with an injury or illness (known as military caregiver leave).
What to Do When an Austin Employer Denies FMLA Leave
If you have requested FMLA leave and your employer has denied your request, it is important to determine whether you are eligible for FMLA leave. To be eligible for FMLA, the employee must have:
- Worked for the employer for at least 12 months;
- Worked for at least 1,250 hours over the last 12 months; and
- Worked at a location where 50 or more employees are employed, or within 75 miles of such a location.
In addition to the employee being covered, the employer must be covered. In most cases, employers with 50 or more employees are covered. If you believe you were wrongfully denied leave, or if your employer took any adverse action, such as termination or demotion, after you requested or took FMLA leave, you should contact an Austin employment lawyer as soon as possible.
Remedies for an FMLA Violation in Austin, TX
If you were wrongly denied FMLA leave, or if you were terminated or disciplined for requesting or taking FMLA leave, or if your employer took any other unlawful adverse action in relation to your FMLA leave, you may be able to seek a variety of remedies. Common remedies for FMLA violations include the following:
- Reinstatement to your original position if you were terminated or demoted as a result of taking FMLA leave or requesting it;
- Receiving FMLA job-protected leave if your employer denied the leave and you were entitled to it;
- Back pay for any wages and benefits you lost as a result of being unlawfully terminated or demoted;
- Front pay, which is aimed at compensating employees for money they will lose in the future as a result of the employer’s FMLA violation (usually awarded only if you are not reinstated or you have not obtained other employment);
- Liquidated damages;
- Certain out-of-pocket costs or expenses you incurred as a result of the employer’s FMLA violation; and/or
- Attorney’s fees and court costs.
Seek Representation from an FMLA Disputes Attorney in Austin, Texas
If you have been denied FMLA leave, or if your employer has engaged in unlawful actions as a result of you taking FMLA leave, it is time to seek help from an experienced Board Certified Labor and Employment Austin employment law attorney. Whether you were denied medical leave altogether or you were terminated from your job or otherwise retaliated against by your employer, you may be eligible to file a claim. An aggressive Austin FMLA disputes attorney can assess the facts of your case today. If your employer violated the FMLA, we can provide a free, confidential case evaluation to assess your situation. Contact the Law Office of Jeffrey A. Goldberg to learn more about how we assist employees and executives in Texas.