Family Medical Leave Act Basics

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We represent employees who qualify for protection under the Family Medical Leave Act.

Have you been denied maternity leave, the ability to care for an injured loved one, did you take medical leave and lose your job while you were on medical leave? If so, your employer may have violated the Family Medical Leave Act (FMLA), and you may be entitled to compensation.

Under the FMLA, the law requires employers to give eligible employees twelve weeks of unpaid leave when they suffer from a serious health condition; for the birth or adoption of a child; or to care for oneself, a child, spouse or parent suffering from a serious health condition.

Deciding if your health condition qualifies as a serious health condition is fact-intensive. So you need to speak with an attorney about the facts of your case. If you think that your employer has unlawfully denied leave under the FMLA, then please contact us today.

Employers often fail to restore employees to their original job when returning from FMLA leave. But if you qualify for FMLA leave, then your employer must fully restore you to your original job or an equivalent job with equivalent pay, benefits, and other terms and conditions of employment.

If you use any of your twelve weeks of FMLA leave (even intermittent leave), then your employer cannot take away any benefits you have earned or were entitled to before using your FMLA leave.

The eligibility requirements for FMLA leave are as follows. 12 months of prior employment. You must have worked at least 1,250 hours during the 12 months before your requested leave. And your employer must have 50 employees within a fifty-mile radius of its place of business.

If you qualify, your employer must provide 12 weeks of FMLA leave in every 12 month period.

The Department of Labor provides additional information about the FMLA at

If you requested FMLA left and your employer denied it did not restore you to your pre-FMLA leave; please contact a Family and Medical Leave Act Lawyer at the Law Office of Shane McClelland.

Please fill out our free case evaluation form or call us at (713) 242-1302, and we will promptly respond and help assess to see if you have a case.

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