You have rights to protect your health and time with your newborn.

The federal Family and Medical Leave Act (FMLA) provides eligible employees of covered employers with the right to take unpaid, job-protected leave for certain family and medical reasons. During this leave, group health insurance coverage continues under the same terms as if the employee had not taken leave.

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Eligible employees are entitled to:

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• Twelve weeks of leave in a 12-month period for:

  • The birth of a child, to care for the newborn within one year of birth.

  • The placement of a child for adoption or foster care, and to care for the child within one year of placement

  • Caring for a spouse, child, or parent with a serious health condition.

  • The employee's own serious health condition that prevents them from performing their job duties.

  • Any qualifying urgent situation related to the employee’s spouse, son, daughter, or parent being a covered military member on “covered active duty.”

• Twenty-six weeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness, if the employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave)

In our experience, nearly all employers, even large and sophisticated ones, fail to properly comply with at least one aspect of the FMLA at some point. This is especially common when FMLA leave overlaps with an employer's obligations under the Americans with Disabilities Act (ADA). Sometimes, employees lose their jobs after taking leave. Other times, they are reassigned or face disciplinary action. In some cases, employers even cancel an employee’s health insurance during FMLA leave, which is specifically prohibited. 

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In addition to the protections provided by the FMLA, the ADA and its state counterparts may require employers to provide a reasonable accommodation in the form of additional medical leave, even after an employee has exhausted their FMLA leave. This is especially true when the employee’s medical condition qualifies as a disability under the ADA. State laws often mirror or expand upon these protections, sometimes providing even greater leave entitlements. If an employer denies such leave or retaliates against an employee for requesting it, the employee may have additional legal claims under both federal and state law.

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If you have been terminated, threatened, or retaliated against for using FMLA leave you may have legal claims under federal and, in some cases, state law. Please contact us for a consultation.