Sean S. Modjarrad Litigation Law Blog on Lawyers.com

The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year in case of a serious health condition.  It also requires that the employee’s group health benefits be maintained during the leave.  According to the Act, a serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves any type of inpatient care in a hospital, residential medical care facility, or the employee’s continuing treatment provided by a health care provider.  Employers may require an employee requesting leave through FMLA to provide proof from a healthcare provider of such health condition.  The Act states that it is against the law for any employer to interfere with, or deny the exercise of or attempt to exercise the right of an employee.  Employers who violate this right can be found liable to any entitled employee affected for damages and appropriate reasonable relief.  In order to prevail on a claim for violation of FMLA, a plaintiff must establish that:

• He/she is an actual eligible employee;
• The defendant is an employer;
• The employee was entitled to leave under the FMLA Act;
• The employee gave notice to the employer of his/her intention to take leave; and
• The employer denied the employee FMLA benefits to which he/she was entitled. 

If an employer denies an employee the right to return to work from FMLA leave, the employer may be held liable under the FMLA.  If the employee cannot prove that he or she was discharged because he or she took leave, then the employee cannot show a violation of the FMLA. 

When the need for leave under the FMLA is foreseeable, the employee is required to provide written 30-days notice.  In the event that the leave is not foreseeable, the employee is still required to give notice as soon as possible.  The employee is expected to give notice to the employer within 2 or more working days of learning of his or her need for leave; however, this excludes extraordinary circumstances where such notice is not possible.  The determination of whether an employee has satisfied his/her obligation to provide notice under the FMLA is based upon whether or not the information provided was sufficient to reasonably evaluate the employee’s request to take time off due to a serious health condition.  A call from the employee to the employer advising of an illness does not constitute sufficient notice under the FMLA. 

In conclusion, the FMLA provides employees with up to twelve-weeks of unpaid, job-protected leave during a twelve-month period.  If the employee takes the FMLA leave, their employer must maintain their group health benefits.  FMLA’s sole purpose was enacted to help employees balance their work and personal health (family health) with reasonable unpaid leave for certain family and medical reasons/conditions.

If you have lost your job due to a serious medical condition in violation of the Family Medical Leave Act, you should consult with a lawyer that is knowledgeable about FMLA. With each client’s satisfaction and goals in mind, M&A Law Firm works to provide customized cost-effective solutions to legal problems that add value and emphasize the goals our clients seek to achieve, based on the highest professional standards. Contact us at 1-866-789-1664, 972-789-1664, email us at contact@dallasarealaw.com, or click here to fill the Online Inquiry Form to discuss your case with us. We provide free consultation, and we are here to give you the best legal help.