Our Denver Colorado employment attorneys are experienced in disputes involving the Family and Medical Leave Act (FMLA).
The FMLA requires employers to allow certain workers to take job-protected, unpaid leave to handle certain qualifying family and medical issues. Violations of the FMLA can occur when an employee is denied leave, pressured into not taking leave, pressured into returning to work too early, or allowed to take leave only to be told that they are not able to return to their previous position. It is unlawful for an employer to fire an employee after the employee takes medical leave under the FMLA.
If you or your loved one was improperly denied family or medical leave, or if you are facing any adverse employment action for taking leave that was available to you under federal law, we are here to help. To arrange a NO-FEE, fully confidential review of your FMLA claim, please do not hesitate to contact our office today to speak with our experienced Denver Colorado FMLA lawyers for a FREE consultation.
The FMLA is a federal law that provides eligible employees with up to 12 weeks of unpaid leave per year that is job-protected. This means that when a covered employee is taking leave for a covered reason, the employer cannot retaliate against the employee, terminate the employee, or cease to continue paying any group health benefits during the time of leave. As explained by the U.S. Department of Labor (DOL), covered employees are entitled to take up to 12 weeks of unpaid leave for the following reasons:
If you have a new child or a serious illness that requires an extended leave from work, you may be entitled to unpaid, job-protected medical leave. If you are having difficulty with your employer or your employer otherwise refuses to comply with the law, contact our attorneys right away. The FMLA is one of the most complex areas of law so if you have questions about your leave at work, our Denver Colorado employment medical leave lawyers can help. The FMLA permits eligible employees to twelve weeks of unpaid leave from employment for any of the following reasons:
Employers are prohibited from (1) interfering with, or denying the exercise of, an employee’s FMLA rights, including denying leave; (2) retaliating against an employee for exercising or attempting to exercise their rights to FMLA; (3) discharging or discriminating against an employee for opposing any action by the employee that is unlawful under the FMLA; and (4) discharging or discriminating against an employee because they participated in a proceeding related to FMLA rights. It is unlawful for an employee to retaliate against you for filing any lawsuit related to your or your loved one’s FMLA rights, or even for speaking with one of our Denver Colorado FMLA disability discrimination lawyers.
If your employer has taken any of the above actions or is otherwise harassing you because of your FMLA leave, contact our Denver Colorado FMLA attorneys today. We will conduct a comprehensive assessment of your case and help you determine what steps are needed to protect your rights and get you justice.
FMLA Guidelines for Eligibility
The FMLA only applies to employers with at least 50 employees within a 75-mile radius of the worksite. To qualify for FMLA leave, employees must have been employed for at least 12 months by the employer prior to the beginning of the leave, and they also must have worked at least 1,250 hours during the previous 12 months. FMLA leave does not have to be continuous and may be taken on an intermittent basis, or a reduced leave schedule as necessitated by a serious medical condition. If you have questions about your eligibility for FMLA medical leave, contact our Denver Colorado FMLA attorneys. Our Denver Colorado FMLA lawyers are adept at representing you if you experience issues with your employer related to your FMLA-protected medical leave.
When medical leave is foreseeable, an employee must provide their employer with a 30-day notice of the leave if the employee is able. If providing a 30-day notice is not practicable, notice should be provided as soon as practicable. For unforeseeable leave, employees should request leave either the same day or the next business day. Since there are many nuances to the FMLA, speaking with FMLA attorneys is strongly encouraged if you have any questions.
Upon returning to work, an employee is entitled to obtain the same position held prior to leaving and to receive the same pay, benefits, and other terms and conditions of employment, or an equivalent position. If your situation falls under the FMLA guidelines and you have not been restored to your position or an equivalent one following FMLA leave, you may have a claim. If you are not reinstated to your position following FMLA medical leave, contact our Denver FMLA attorneys. After a medical leave, your employer does have the right to request a certification that ensures you are physically able to perform the duties of your job. However, an employer may not request certification each time an employee returns to work after intermittent leave. This request can only be made once every 30 days, and if there are reasonable safety concerns regarding the employee’s ability to safely perform their job.
The Family and Medical Leave Act Provides Job Security When You Have to Leave for an Emergency
Covered employees are entitled to the following protections under the FMLA:
The time off does not have to be continuous and can be taken in chunks of days/weeks, or as a reduced work schedule as needed. If your employer has terminated you because you took medical leave, contact our Denver Colorado medical leave employment termination attorneys today for a FREE consultation and examination of your case.
Family and Medical Leave Act violations can come in a number of different forms. Our Denver Colorado FMLA lawyers have seen problems arise during all three stages of the process, including when an employee tries to initially take leave, while the employee is still on leave, and when the employee attempts to return from their leave. Unfortunately, in many cases, employees are not fully aware of their rights under the FMLA. As a result, they may receive and rely on incorrect information from their employer. You need to know if your rights under the FMLA were violated. Three of the most common specific FMLA violations are:
Other violations can include any retaliatory action because an employee took, or requested, FMLA leaves.
At Coffman Legal, our experienced FMLA lawyers have extensive experience handling the full range of family and medical leave cases. If you have questions related to a medical leave of absence which was due to an illness or a pregnancy, contact our office to speak with our Denver Colorado FMLA discrimination attorneys. We can help you understand your rights under the FMLA and our Denver Colorado FMLA lawyers will protect you from interference or retaliation. For a free consultation with our top-rated Colorado FMLA attorneys, please contact us immediately.
If you believe that your right to unpaid leave has been breached because you have a) been told that you cannot take unpaid leave; b) have only been offered a portion of unpaid leave time rather than the full 12 weeks to which you’re entitled; or c) have been retaliated against for taking paid leave, you should consult with our Denver Colorado FMLA discrimination lawyers.