“We are committed to helping our clients find innovative, creative, common sense solutions to their legal problems.”
Cindy A. Garcia, P.C.
Family and Medical Leave
The Federal Medical Leave Act (FMLA) requires employers to provide a continuation of benefits for workers who need time to attend to serious family matters. These can include:
- Childbirth / Pregnancy
- Foster child placement
- Care for a seriously ill family member
In order to be eligible for FMLA leave, employees must meet certain criteria. They have to be employed by a covered employer, or a worksite within 75 miles of where the employer employs at least 50 people. Employees are required to have worked at least 12 months in their current job for the employer. Workers must also have worked a minimum of 1,250 hours during the 12-month period immediately before the FMLA leave begins.
Unfortunately, there are many situations in which employers try to deny a worker’s right to leave in cases of pregnancy or serious health conditions. Some unscrupulous bosses will try to drop benefits during leave or fire a worker for requiring the time off. These are all examples of violations of FMLA requirements.
Pregnant women who have been wrongly fired should seek the advice of a qualified Family Medical Leave attorney to determine if they’re entitled to damages due to lost wages, as well as compensation for wrongful termination.
If you are facing a leave situation and your employer does not seem to be meeting his or her obligations, contact the Cindy A. Garcia Law Firm today. We will fight to enforce compliance of employer obligations. We’ll also help you get the time off you need and ensure your job is still there when you are ready to return.