Category : Wrongful Termination

What is the Family and Medical Leave Act of 1993 (FMLA)?

The Family and Medical Leave Act of 1993 is enforced by the U.S. Department of Labor’s Employment Standards Administration, Wage, and Hour Division for private, state government, and local government employees.

The Family and Medical Leave Act of 1993 was enacted on August 5, 1993 for the majority of employers. The act allows employees to take up to 12 weeks of unpaid leave while ensuring they will still have their job. The 12 weeks of leave can be in a 12-month period and must be for reasons of family or medical problems.

The Family and Medical Leave Act of 1993 contains all the information regarding the rights of the employee as well as the coverage an employer must provide. The provisions on employer coverage, the eligibility for the employee, the maintenance of all health benefits during the leave, job restoration after the leave, notice of the need for a Family and Medical Leave, and certification of the need of a Family and Medical Leave are explained thoroughly in the act. The law also states that the employers must keep track of specific records regarding the leave.

The Family and Medical Leave Act of 1993 applies to all state employers, federal employers, public agencies, local education agencies, and private sector employers that have over 50 employees working at their facility in 20 or more work weeks.

If you have been denied a leave for family or medical purposes or were fired due to taking the time needed to recover from an illness or care for a loved one, you should contact an employee rights lawyer to learn if your rights were violated under the Family and Medical Leave Act of 1993. You may be entitled to receive compensation for damages.

Should I File For Wrongful Termination?

If you have recently been laid off from your job in clear violation of your employee rights you may have a case for wrongful termination.

Wrongful termination cases are not easy to prove since they go beyond the basic notions of fair and unfair, only applying to circumstances where discrimination, employee contracts, or other specified violations have clearly been breached.

If you are thinking of filing a wrongful termination lawsuit against a former employer there are important factors to consider:

  1. Do you have documentation or other verifiable information that supports your case?
  2. What outcome are you ideally looking for? This can include financial settlements, the reinstatement of your old position, an uncontested unemployment claim, and others.
  3. Have you consulted an experienced wrongful termination lawyer about your case?

If you are ready to file a wrongful termination complaint you must decide if you want to file through a government agency or in a private lawsuit. Part of this decision will depend on how your rights were violated along with your state’s labor laws.

You can contact the Equal Employment Opportunity Commission for more information about filing a claim with the federal government.

Click to learn more about wrongful termination and how to connect with an experienced wrongful termination attorney who can advise you on what to do and what you can expect from a wrongful termination lawsuit.

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