Prior to 1993, an employee that needed to take off work because of injury or illness –for themselves or a child or husband – had no legal recourse if he or she was terminated. As a result Congress passed the Family & Medical Leave Act, which allows an employee to take off work up to twelve (12) weeks for their own serious illness or injury, or to take care of a spouse, child or parent that was suffering from a serious injury or illness. It is important to note that the time taken off can occur all at once, or intermittently, (as dictated by the doctor’s requirements). Thus, if an employee takes off work for less than twelve (12) weeks for any such serious-health condition, an employer cannot terminate or replace that person during this time period for having missed this time. (Note: Employers with less than 50 employees, (within the 75 mile radius where the person is employed) are exempt from these laws).
If you were terminated or forced to take a different position at work after taking protected medical leave please fill out and send the discrimination e-mail form. If you are a company that has been wrongfully accused of committing an FMLA violation, please fill out and send our other email contact form. We would be happy to review your matter, and contact you about your potential options. PLEASE DO NOT DELAY, as this may prevent you from being able to assert your legal rights.