The Family Medical Leave Act (FMLA) was formulated to provide employees with the ability to take time off in the case of a health emergency of themselves or a family member, with the guarantee that their job will be waiting for them when they get back. Unfortunately, there are many instances where employers violate this act and do not hold out their duties to their employees. If you are in this situation it is in your best interest to reach out to our skilled Tennessee employment law attorneys as soon as possible.
What are my rights under the Family Medical Leave Act?
The Family Medical Leave Act (FMLA) was created to provide employees with paid or unpaid medical leave. In Tennessee, employees who have worked at least 1,250 hours for a company with at least 50 employees and who live within a 75-mile radius from their employment, will likely be covered under the FMLA. This act allows qualifying employees to take up to 12 weeks of paid or unpaid leave from work to be able to care for a sick family member, themselves, or care for a newborn baby with the promise that they will have their position, or a similar one when they return again.
If you have questions about your rights under the FMLA, do not hesitate to reach out to Morris & Doolan today to speak with a competent legal team about the specifics of your case and your options.
What if my rights under the FMLA are violated?
It is critical that you retain the services of an experienced employment attorney as soon as possible if you believe that your rights under the FMLA were violated. Our firm is dedicated to protecting you and your future.
If you are a qualifying employee under the FMLA and you take your 12 weeks for emergency reasons, and upon your return, your employer has either terminated your position or hired another person to replace you, you will likely have a viable claim against your employer. It is important to note, however, that your employer is not required to pay you while you are on leave, however, you do have a right to your job, permitted that you return within the 12 week period.
If you are in this unfortunate situation, it is in your best interest to reach out to one of our skilled Tennessee employment attorneys as soon as possible. Our legal team is equipped with the knowledge and experience required to effectively fight for you and your rights.
CONTACT OUR EXPERIENCED TENNESSEE FIRM
If you need a Knoxville workers’ compensation lawyer or employment law attorney, Morris & Doolan is here to support you. Our firm has significant experience representing clients facing a wide range of workers’ compensation matters, including denial of benefits, appeals, and third-party lawsuits. If you need a Tennessee employment lawyer, we are experienced in handling matters ranging from discrimination and sexual harassment to wrongful termination and FMLA. Contact us today to learn more about our services.