Termination Or Retaliation After FMLA Leave

Returning to work after taking unpaid leave under the Family and Medical Leave Act (FMLA) should be a smooth transition. However, if you find yourself facing termination or demotion upon your return, it can be unlawful. In Georgia, employees are protected by the FMLA. The FMLA provides eligible workers with unpaid leave for specific medical and family reasons and prohibits termination or retaliation for doing so. Do you believe you’ve been unlawfully terminated or retaliated against by having your job duties or job title diminished after taking FMLA leave? If so, act now.  Let our FMLA violation lawyers help you navigate this challenging situation.

What Is The FMLA?

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with job-protected unpaid leave for specific medical and family care reasons. Under the FMLA, employees can take up to 12 weeks of unpaid leave in a 12-month period for purposes such as their own serious health condition, bonding with a new child, and more. Importantly, not all leave must be taken at once. For example, intermittent leave for several hours or days per week may be appropriate. This law aims to balance the demands of the workplace with the needs of employees to address family and medical matters without fear of losing their jobs.

Types of FMLA Leave

The FMLA covers three types of leave.

  • Maternity/Paternity Leave: FMLA allows for unpaid leave for the following circumstances: birth, adoption, foster care placement of a child, and or, to bond with the newborn or newly adopted child.
  • Serious Health Condition: Employees can take FMLA leave for their serious health condition or to care for a family member with a serious health condition.
  • Family Military Leave: Eligible employees can take FMLA ‌leave for qualifying exigencies related to a family member covered by military service.

Eligibility Under FMLA

The FMLA applies to most public agencies and private-sector employers with 50 or more employees. However, there are certain eligibility requirements and exemptions to consider:

1. Employer Size: FMLA applies to private employers with 50 or more employees within a 75-mile radius of the worksite. Therefore, employees working for smaller employers may not be eligible for FMLA protections.

2. Employee Eligibility: To be eligible for FMLA leave, employees must have worked for their employer for at least 12 months and have worked at least 1,250 hours during the 12 months preceding the start of FMLA leave.

3. Worksite Location: Employees must work at a location where the employer has at least 50 employees within a 75-mile radius to be eligible for FMLA leave.

4. Duration of Employment: Employees are not eligible for FMLA leave if they have not been employed by their employer for at least 12 months at the time the leave is to start, including both full-time and part-time employment.

5. Reason for Leave: FMLA leave is specifically designated for certain qualifying reasons, such as the birth or adoption of a child, the serious health condition of the employee or a family member. If the reason for leave does not fall within the FMLA-qualified reasons, the employee may not be eligible for FMLA protections.

FMLA Violation Lawyers

It’s essential for employees to understand their rights and eligibility under the FMLA and to consult with experienced employment law attorneys, such as Georgia Wage Lawyers, to navigate any exceptions or disputes related to FMLA leave.

How Georgia Wage Lawyers Can Help:

If you believe you have been wrongfully terminated after returning from unpaid leave, Georgia Wage Lawyers can help. Furthermore, it’s crucial to consult a skilled attorney and take effective action. Here’s how Georgia Wage Lawyers can assist you in doing so:

1. In-Depth Evaluation:

Our team will conduct a comprehensive review of your case. This way we can determine if your termination violates FMLA regulations and other relevant employment laws. We’ll assess the circumstances surrounding your termination and gather evidence to support your claim.

2. Protection of Rights:

We’ll ensure that your rights under the FMLA are protected. Additionally, our team will advocate on your behalf to hold your employer accountable for any unlawful actions. This may involve negotiating with your employer or taking legal action to seek justice.

3. Guidance and Support:

Facing termination can be overwhelming, but you don’t have to navigate it alone. Our team will provide you with the guidance and support you need. Thus, allowing you to understand your options, make informed decisions, and assert your rights effectively.

Schedule Your Free Consultation

Being fired after returning from an unpaid FMLA leave is a violation of your rights as an employee. If you’re in this situation, don’t hesitate to seek legal assistance from Georgia Wage Lawyers. We’re committed to fighting for justice on your behalf and helping you secure the remedies you deserve. Our team of FMLA violation lawyers is here. Contact us today for a free consultation to discuss your case and explore your legal options.