Family & Medical Leave

Discrimination against you for taking FMLA leave is illegal.

What Is The FMLA?

The FMLA allows employees to take time off to care for their own health and the health of loved ones without fear of losing their jobs. The FMLA provides up to 12 weeks of job-protected, unpaid leave during any 12-month period for:

  • Care of an employee’s own serious health condition
  • Care of an immediate family member (spouse, child or parent) who has a serious health condition
  • Birth and subsequent care of the employee’s child, including adopted and foster children (i.e. “maternity” and “paternity” leave)

Under the FMLA, employers are prohibited from discriminating against or interfering with an employee who qualifies for FMLA coverage and who has requested or taken family or medical leave.  Prohibited acts include termination, demotion, or denying an employee the same or an equivalent position upon returning from leave.

The FMLA and similar state laws protect most but not all employees.  For protection under the federal FMLA, the employee has to have been on the job for one year  and worked at least 1,250 hours during the year, and the employer has to have at least 50 employees within 75 miles of the employee’s worksite.  Some state and local laws have broader coverage.

Why Hire KMB For Your FMLA Discrimination Case?

KMB attorneys are nationally recognized experts in FMLA issues. If you are facing discrimination or retaliation for taking family and medical leave, contact the experienced lawyers at Katz, Marshall & Banks, LLP. Your communications with us are confidential, without charge and without further obligation.