Richmond FMLA Lawyer

The Family and Medical Leave Act (FMLA) grants certain employees the opportunity to take up to 12 weeks of unpaid, job-protected leave each year for specific family and medical reasons. This law is designed to help employees strike a balance between their family and work responsibilities. The FMLA permits individuals to take reasonable unpaid leave while ensuring that employers maintain their group health benefits. If an employer fails to uphold their legal obligations under the FMLA, they may be held accountable for their actions.

Our team at The Spiggle Law Firm possesses the knowledge and experience required to thoroughly assess your situation, explore all available legal remedies, and guide you in pursuing the appropriate actions to achieve the best possible outcome. With years of experience defending the rights of Richmond residents and holding employers responsible for their unlawful conduct, we are here to provide you with compassionate care during the legal process.

Who Is Eligible Under the Family Medical Leave Act in Richmond, Virginia?

The Family and Medical Leave Act (FMLA) applies to private employers with 50 or more employees, as well as all public agencies and schools. These entities are mandated to offer up to 12 weeks of job-protected leave annually to employees who meet the following criteria:

• Have been employed by the same employer for at least 12 months.
• Have worked a minimum of 1,250 hours during the 12 months preceding the commencement of FMLA leave.
• Work at a location where the employer has 50 or more employees within a 75-mile radius.

Employees meeting these conditions are eligible to request up to 12 weeks of unpaid leave for any of the following reasons:

• To care for a newborn child
• For the placement of a child for adoption or foster care
• To care for an immediate family member (spouse, child, or parent) with a serious health condition
• Due to a serious health condition that renders the employee unable to work
• For qualifying demands related to the active duty or call to active duty of the employee’s spouse, child, or parent in the National Guard or Reserves

It is essential to note that the FMLA guarantees job protection during the leave period, and eligible employees have the right to return to their previous position or an equivalent one after their leave concludes. However, FMLA leave is unpaid, and employers are not obligated to provide paid time off during this period.

How Do Employers in Richmond Interfere With the FMLA?

Employers are legally obligated to adhere to the FMLA when an eligible employee has a valid reason to take leave. Unfortunately, many employers attempt to restrict or interfere with their employees’ protected FMLA leave. The following are some ways in which they may try to dissuade or prevent employees from taking FMLA leave:

• Trying to persuade an employee not to take time off
• Threatening an employee who seeks FMLA leave
• Imposing job loss as a consequence of taking FMLA leave
• Requesting more notice than FMLA standards dictate
• Wrongfully denying FMLA leave that should be granted
• Miscalculating hours worked for FMLA eligibility
• Pressuring you to shorten your leave
• Terminating company insurance benefits
• Delaying your return to work
• Assigning you to a different role upon your return

If your employer is making efforts to hinder your FMLA leave or interfere with your FMLA rights, it is advisable to consult with a Richmond FMLA attorney to understand your rights and options. By sharing your circumstances with your attorney, they can determine the appropriate steps to safeguard your rights.

What Can You Do If Your Employer Denies Your FMLA Leave in Richmond, Virginia?

The initial step is to review your eligibility and confirm you qualify for FMLA leave. If you meet the requirements and your employer continues to disregard or interfere with your request, it is recommended to request an explanation and seek legal guidance. Requesting a written explanation for their denial will provide you with documentation of their stance. Even if they refuse to explain their denial, you will have evidence of your request for an explanation.

Challenging an employer who is attempting to deny your FMLA leave can be difficult without the support of a skilled attorney. When your employer interferes with your request, it is crucial to promptly contact an attorney for guidance. An FMLA lawyer from The Spiggle Law Firm can evaluate the interference, your rights, and any available evidence before advising you on the best course of action.

Contact an Experienced FMLA Attorney for Legal Guidance in Richmond, Virginia

By partnering with The Spiggle Law Firm, you gain access to professional FMLA attoreys who are prepared to vigorously advocate for your rights. With decades of combined experience in addressing complex employment law issues, our team is dedicated to delivering compassionate and personalized representation in the pursuit of justice and fair treatment.

Our proven track record and commitment to our community empower us to work diligently to secure the best possible outcome for your FMLA case. Reach out to our Richmond FMLA lawyer to discuss how we may be able to assist you by calling (202) 449-8527 or completing our contact form today.