Violation of Medical Leave Law

The Family and Medical Leave Act (FMLA) is a federal law designed to help workers balance job and family responsibilities by giving employees up to 12 weeks of unpaid leave during a 12 month period for specific reasons, including a serious health condition or to care for an immediate family member who has a serious health condition.

During FMLA leave, employers must continue employee health insurance benefits and, upon completion of the leave, restore employees to the same or equivalent positions.

The FMLA applies to all:

• public agencies, including local, State, and Federal employers, and local education agencies (schools); and
• private sector employers who employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year – including joint employers and successors of covered employers.

On return from FMLA leave (whether after a block of leave or an instance of intermittent leave), the FMLA requires that the employer return the employee to the same job, or one that is nearly identical (equivalent).

If not returned to the same job, a nearly identical job must:

• offer the same shift or general work schedule, and be at a geographically proximate worksite (i.e., one that does not involve a significant increase in commuting time or distance);
• involve the same or substantially similar duties, responsibilities, and status;
• include the same general level of skill, effort, responsibility and authority;
• offer identical pay, including equivalent premium pay, overtime and bonus opportunities, profit-sharing, or other payments, and any unconditional pay increases that occurred during FMLA leave; and
• offer identical benefits (such as life insurance, health insurance, disability insurance, sick leave, vacation, educational benefits, pensions, etc.).

If you believe your FMLA rights have been violated, you should contact an experienced employment law attorney immediately to discuss your rights and protections.

Call our office for a free consultation (818) 639-8510