Dallas FMLA Violation Lawyer

Under the terms of the Family and Medical Leave Act (FMLA) of 1993, employees that meet certain qualifications are able to take a leave of absence from their employment for personal and family matters. If you have been employed fulltime for 12 months and your employer has 50 or more employees within a 75 mile radius, you are probably covered by the FMLA.

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If you need FMLA leave, it is necessary that you follow the proper procedure. You should first check that you are covered (you have worked the necessary number of weeks prior to when your leave would begin).

When requesting FMLA leave, it is important that you submit your inquires or requests in writing; documentation is necessary to prove your case. Also, keep copies of your communication in a safe place, preferably not at work. If you are discharged by your employer, you want to be able to produce the records for a law suit.

For employers that have the required number of employees to be subject to the FMLA, their employees are entitled to:

• Twelve (12) workweeks of leave per twelve (12) month period for family related reasons, such as caring for birth, adoption, or foster care placement issues; caring for a sick child, spouse or parent; being physically unable to perform one's job
• Restoration to the same position upon return to work. If the same position is unavailable, the employer must provide the worker with a position that is substantially equal in pay, benefits, and responsibility.
• To be protected from having their rights under the Act interfered with or denied by an employer.
• To be protected from retaliation for exercising rights under the Act.

If your employer has denied or violated any of these rights, contact me and we can discuss your facts.

Contact Dallas, Texas, FMLA violation lawyer Dan A. Atkerson today.