Under the Family Medical Leave Act (FMLA), you may be entitled to medical leave if you or a family member becomes seriously ill, injured, disabled, or in other limited circumstances (including circumstances in which a family member is called to active duty status as a member of the military). You do not need to specifically ask for FMLA, but you still need to inform your employer of the specific reason for your medical leave (whether intermittent or for a consecutive term of leave) — it is always best, though, to specifically request FMLA leave if you know you are entitled to its protections. The burden is otherwise on your employer to know that you have asked for FMLA qualifying leave. This means that you may have a claim against your employer if you were denied leave or retaliated against for taking leave under the Act, regardless of whether you specifically requested FMLA leave.
At Reavey Law LLC, we can explain your rights to medical leave and answer your questions. If you were economically harmed as a result of taking leave or were denied leave, we can help you seek compensation in an FMLA claim. Contact our Kansas City FMLA lawyers to learn more about our employment services and a free initial consultation.
If you have worked for an employer for at least a year, and the employer has at least 50 other employees within a 75-mile radius of your work location, you may be eligible for medical leave under the Family Medical Leave Act (FMLA). You may be able to take up to 12 weeks of medical leave if:
Additionally, there are further protections for military families and the disabled. The law protects service members and their families from retaliation for taking military leave. The Americans with Disabilities Act (ADA) also allows the disabled to take medical leave.
If you have suffered retaliation, such as wrongful termination or a demotion, as a result of FMLA leave or if you were denied leave, contact an attorney at our firm. We can be reached by telephone, fax, or e-mail. After-hours and weekend appointments are available.