Family Medical Leave Act Claims Attorney in Katy

Ensuring Employers Comply with the FMLA

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

At the Law Office of Shane McClelland, we fight for the rights of workers throughout Texas who have had their FMLA rights violated. We represent employees who qualify under the Family Medical Leave Act and have been unlawfully terminated or retaliated against for taking Family Medical Leave Act leave.

Family Medical Leave Act Requirements

To qualify for Family Medical Leave Act leave, employees must:

• Have 12 months of prior employment
• Have worked at least 1,250 hours during the 12 months before requesting leave
• Work for an employer with more than 50 employees within a 50-mile radius of its place of business

If you meet these requirements, you are entitled to Family Medical Leave Act leave. If you believe that your employer is violating any aspect of the Family Medical Leave Act, the Law Office of Shane McClelland can help.

Under the Family Medical Leave Act, the law requires employers to give eligible employees 12 weeks of unpaid leave:

• When they suffer from a serious health condition
• For the birth or adoption of a child
• 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 – that is why you need to speak with an attorney about the facts of your case as soon as possible.

Employers often fail to restore employees to their original job when returning from Family Medical Leave Act leave. But if you qualify for Family Medical Leave Act 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 12 weeks of Family Medical Leave Act leave (even intermittent leave), then your employer cannot take away any benefits you have earned or were entitled to before using your Family Medical Leave Act leave.