If your child or another close family member has a health emergency or injury, you may need to take time off from work to care for them. If that happens, you should not have to fear losing your job. The Family and Medical Leave Act (FMLA), a federal law passed in 1993, requires certain employers to provide unpaid time off to employees who need to care for a serious medical condition affecting themselves or a family member. Unfortunately, some employers interfere with this right or punish employees who exercise it.
A Minneapolis FMLA retaliation lawyer at Wanta Thome Employment Lawyers can help if your boss or company mistreated or fired you. Our team of award-winning workplace retaliation attorneys will help you understand your legal options and determine when to file a claim.
The FMLA protects you if you need to temporarily stop working due to a medical emergency, such as a serious illness, injury, or a physical or mental impairment that requires hospitalization or constant monitoring by a doctor. It also includes situations in which you need to miss work repeatedly for more than a few days at a time, such as the birth of a child or a chronic condition.
The FMLA requires employers to offer up to 12 weeks of unpaid leave to deal with the situation, taken all at once or intermittently.
The biggest protection is the job itself. The company must return you to the same or a substantially similar position, with the same responsibilities and status as the job you held before you left. Additionally, the law entitles you to the same salary and benefits upon your return.
Employers view a leave of absence as disruptive to the workplace. Employees who take or request time off may experience retaliatory actions such as:
These adverse actions are illegal under the FMLA and Minnesota law, and our experienced Minneapolis-based attorneys can help you find a solution.
If a Minneapolis company illegally retaliates against you for taking family medical leave allowed by law, there are several ways to remedy the situation. You should speak with legal counsel. The right solution depends on the circumstances and your goals.
The court can order employers to reinstate terminated employees. Back and front pay for lost salary and other forms of compensation can also be available in a claim. If the court finds that the company acted in bad faith, it can award liquidated damages equal to the amount of the other damages. Non-monetary damages, such as for emotional distress, are typically not available under the FMLA.
You have the right to take time away from work to care for your family, and it is illegal for your boss or company to unfairly punish you for exercising those rights. A Minneapolis FMLA retaliation lawyer at our firm can help if you are dealing with such conditions at your workplace.
At Wanta Thome, we explain your options and provide advice on the best resolution. Call us today to arrange an initial case consultation.