FMLA Retaliation

The Federal Medical Leave Act (FMLA) entitles elligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

Eligible employees are entitle to twelve workweeks of leave in a twelve month period for specific reasons. The leave may be continuous or intermittent depending on the circumstances. To qualify for FMLA, an employee must have worked for his or her employer for at least 12 months, including at least 1,250 hours during the most recent 12 months. RMN can help you navigate FMLA laws and understand your rights.

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What is FMLA

Retaliation?

The FMLA guarantees employees up to twelve (12) weeks of medical leave per year, for : 

  • the birth of a child and to care for the newborn child within one year of birth

  • pregnancy (including prenatal medical appointments)

  • to care for the employee's spouse, child, or parent who has a serious health condition

  • a serious health condition that makes the employee unable to perform essential functions of his/her job

 

It can be considered FMLA retaliation if: 

  • you are fired for using FMLA. 

  • your employer refuses to promote you because you used FMLA.

  • your employer imposes unwarranted discipline because you used FMLA.

  • Denying an employee on FMLA leave benefits given to those who aren't on FMLA leave.

  • Using an employee's FMLA leave as a negative factor in employment decisions. 

  • Reinstating an employee to a lesser position after taking FMLA leave.

  • Reducing an employees pay for taking FMLA leave.

How do I know if I need a lawyer?

If you have been let go, and you have any suspicion that it was for an illegal reason, you should call RMN for a free consultation now. Employers have expensive lawyers that help them cover up their illegal practices. You need an employment attorney that will fight for your rights. If you recently made a complaint about sexual harassment, have over heard racist jokes in the workplace, or noticed everyone gets fired when they hit a certain age, call us now!

How can I afford a lawyer?

We know that hiring a lawyer shortly after you have lost your job may seem financially impossible. The good news is that RMN offers contingency billing so you can pursue justice under the least amount of financial hardship. In contingency billing, we pay all the upfront costs in exchange for a portion of the money we secure for you. If there is no recovery, you pay nothing. It is just another way that we are ATTORNEYS WHO ARE ON YOUR TEAM TM

Are there important deadlines?

Yes, there are extremely important deadlines you must make or your claim could be lost. The EEOC, PHRC, and Courts all have Statutes of Limitations (SOL) that limit the amount of time you have to bring your claim. In some cases, those deadlines can be as soon as 30 days after the illegal act, though in most situations the SOL is between 6 months and 2 years. Only an experienced attorney can tell you what the SOL on your case is. Don't wait to call, or it may be too late. 

How much is my case worth?

There is no simple equation that we can use predict how much your case may be worth. You should not trust an attorney who claims to have one. Every case is unique, and the value of any case can only be determined by actually litigating it in court. Our lawyers can assess your situation and give you potential ranges after in depth investigation, but no one lawyer can tell you what our case is worth until it has been settled or tried.  

FREQUENTLY ASKED

QUESTIONS

Should I complain to human resources?

Yes, you should make a complaint to your company's HR department if you are sexually harassed by a superior or a co-worker. If your company doesn't have an HR department, you should go to a superior, or an owner. In either case, you should call an attorney right away for advice on your situations.

Short paragraph on situations where you can use FMLA. 

  • United States District Court

    • Western District of Pennsylvania

    • Eastern District of Pennsylvania

    • Middle District of Pennsylvania

  • Pennsylvania Court of Common Pleas

    • All counties in Pennsylvania, including Allegheny and Philadelphia

  • Third Circuit Court of Appeals

  • Pennsylvania Superior Court

  • Pennsylvania Commonwealth Court

  • The Equal Employment Opportunity Commission (EEOC)

  • The Pennsylvania Human Relations Commission (PHRC)

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We work hard to make sure that all our information is correct. However, you should never rely on legal information you read on this or any other website without consulting with a licensed attorney. Nothing on this website shall be interpreted as legal advice or as creating an attorney-client relationship. RMN specifically disclaims all representations and warranties and urges you to call an attorney if you have any legal questions.