Cincinnati FMLA Lawyer
The Family and Medical Leave Act (FMLA) is a federal law requiring midsize and large employers to grant eligible employees up to 12 weeks of unpaid leave during any 12-month period. Such leave may be granted for the birth or adoption of a child, to care for an immediate family member with a serious health condition or to treat a personal illness or injury.
Employers violate the FMLA in several ways, including resisting or outright refusing an employee’s legitimate request for a leave of absence. Employers are also prohibited from retaliating against employees who have either asked for FMLA leave or recently returned from leave. Such retaliation may come in the form of a denial of a promotion, reduction in wages or even a termination.
At Mezibov Butler, our attorneys will defend your rights to ensure that a medical situation for you or a loved one does not cause you to suffer adverse career action at the hands of your employer. In the unfortunate event that it does, however, we are prepared to challenge that decision and hold your employer liable in court for violating the FMLA.
Our team is also committed to providing you with the answers you are looking for in your case. We have taken the time to answer some common questions here:
Can My Employer Deny FMLA Leave?
It is possible for an employer to deny your FMLA leave. If you failed to provide a sufficient and complete authorization to your health care provider, who in turn did not provide it to your employer, they will likely deny your request for FMLA. However, if you did that and your employer still denies your leave or terminates you for taking your leave, it may be an FMLA violation. We can help you complete your obligations to earn FMLA leave and ensure other parties do their part as well.
What If My Job Says I Ran Out Of FMLA Time But I Thought I Had Time Left?
If your employer denies leave because they say you are out of FMLA time or terminates your employment because they say you were gone from work too much but you believe you still had time left, your employer may be in violation of FMLA rules. It is possible that your employer miscalculated or is simply acting illegally. We can help you resolve these issues.
What Do I Do If I Was Fired After Returning From Leave?
When an employer fires or otherwise punishes an employee for acting within their legal rights, such as by going on FMLA leave, it likely qualifies as retaliation. Workplace retaliation is illegal in any form. Whether your employer reduces your hours, switches your schedule to one they know inconveniences you, cuts your pay or even demotes you, you can take legal action to hold them accountable for their retaliatory actions.
Get The Help You Need
If you believe that you may be a victim of FMLA discrimination, contact Mezibov Butler so that our experienced employment lawyers can assess your situation and provide you with the legal know-how to protect your rights. Call us at 513-909-3402.