Do you need help with FMLA medical leave or ADA accommodations?
There’s more to life than work. That’s why there are laws in place to protect your right to take leave from your job if you’re dealing with a serious medical matter, either for yourself or for a close family member. Specifically, most employees have legal rights under the federal and state Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA).
However, not all employers respect their legal obligations under these laws. These situations can be incredibly stressful at a time when you may already feel like you’re choosing between your family and your career. In those situations, an experienced FMLA attorney. Let us be your voice and help you navigate this difficult situation.
Your legal rights under the FMLA
The FMLA does not apply to all employers, nor to all employees of covered employers.
But, iIf you meet the eligibility criteria, you may receive leave under the following circumstances:
- You have a serious illness or injury.
- You are caring for an immediate family member (usually a parent, spouse or child) with a serious illness or injury.
- You are caring for a newborn or recently adopted child.
FMLA leave does not have to be taken consecutively; for example, if you have periodic medical appointments, you can use FMLA leave to take individual or partial days off to attend those appointments while working the remaining days of the week. In some circumstances, you may be able to take leave in increments as small as 15 minutes.
Most importantly, these laws protect you from adverse employment decisions in retaliation for exercising your right to leave. For example, you cannot be fired, passed over for a promotion, or otherwise discriminated against for taking a leave.
Note as well that many employers that aren’t covered by these statutes have other medical leave policies in place, and many employers that are covered have policies providing medical leave above and beyond the legal requirements. There may also be state or local medical leave laws that are applicable in your situation. Under those circumstances, the employer has a legal obligation to treat you fairly.
When can an attorney help?
There are many legal circumstances that can arise surrounding medical leaves and accommodations. Some situations in which you might have legal recourse include:
- Your employment was terminated because you requested an accommodation or took a leave.
- You were denied a raise or passed over for a promotion because you asked for an accommodation or took a leave.
- Your employer put restrictions on your medical leave that violate the legal requirements.
- Your employer is discriminatory in how it handles accommodations or leaves.
These issues aren’t necessarily indicative of malicious intent or bad faith on the part of your employer. The laws governing medical leave are complex, and many employers (and even quite a few otherwise savvy employment law attorneys) do not understand their legal obligations. But whether your employer is mistreating you intentionally or unintentionally, you have legal rights. We can help.
Get Empower Legal Group on your side
From start to finish, attorney Irene Bassock will be your voice and your advocate. We’ll handle negotiations with your employer, make the tough phone calls, review documents and push for the best possible solution to protect your rights and your career. Our goal is to take care of the heavy lifting so that you can focus on your family or medical situation.
Get an experienced Connecticut FMLA lawyer on your side. Contact us today to schedule your confidential consultation.