Truck Accident Attorney
Contact us today

FMLA

Employee Rights and Responsibilities Under FMLA

five stars
1230 reviews
Contact us today
  • $13 Billion+ Won
  • 800+ Lawyers Nationwide
  • The Fee is FreeTM, Only Pay If We Win
  • America’s Largest Injury Law Firm
  • Protecting Families Since 1988
FMLA

When you’ve just had a baby or a family member is in need of medical care, the last thing you want to think about is work. That’s where the Family and Medical Leave Act comes in. More commonly known as FMLA, the act provides workers with options when they there’s a sudden change in their family life — whether that’s as positive as a birth, or a grave health situation affecting a partner, parent, other family member, or themselves.

Employees who are covered by their employers and eligible for FMLA can take unpaid leave without the threat of losing their job; they also maintain any work-supplied health insurance coverage during their leave.

Free Case Evaluation
Tell us about your situation so we can get started fighting for you. We tailor each case to meet our clients' needs.

By submitting you agree to our Terms & Privacy Policy.

John Morgan icon

Find Out If You Are Eligible for a FMLA Lawsuit

Take our FREE quiz to see if you qualify for a case.

Begin Quiz

FAQ

Morgan & Morgan

  • What Does FMLA Cover?

    FMLA covers 12 workweeks of leave within 12 months for:

    • Birth of and care for a newborn
    • Care of a newly-placed foster child
    • Caring for a spouse, child, or parent who is seriously ill
    • Employees who are severely ill
    • Urgent matter related to employee’s spouse, child, or parent on “covered active duty”

    FMLA provides 26 workweeks’ worth of leave within 12 months for:

    • Military caregiver leave: care for a covered servicemember who is seriously injured or ill when they are the employee’s spouse, child, parent, or next of kin

    To be eligible — except for in cases of newborns or foster child placement — the employee or the person the employee is caring for must have a serious medical condition. A serious medical condition, in this case, may refer to a condition that causes an overnight hospital stay, inability to attend work or school in conjunction with ongoing medical appointments and treatments, chronic conditions, and pregnancy.

  • Am I Eligible for FMLA?

    You’re eligible if you:

    • Worked 1,250 hours prior to the beginning of FMLA leave
    • Work for an employer who employs 50 or more people within a 75-mile radius
    • Worked for the employer for 12 months (not necessarily consecutively)
  • How Can I Take FMLA Leave?

    You need to inform your employer at least 30 days in advance that you intend to use FMLA leave, unless there are extenuating circumstances, in which case you must inform them as soon as possible.

    You will also need to provide your employer with appropriate documentation or sufficient information, so they can approve your leave as eligible under FMLA.

  • Can I Be Fired or Have My Job Position Changed for Taking FMLA?

    It is against the law to fire a worker who is taking FMLA leave. It is also illegal to dramatically change the job role or responsibilities of a worker who is on FMLA leave; the employer must keep their job the same or present them with an equivalent position.

  • What if I Face Retaliation and/or Am Denied Rightful FMLA Leave?

    Retaliation on the basis of FMLA leave is illegal; your employer can’t interfere with or deny your leave either. If you face either of these issues, you should contact the Wage and Hour Department.

    After you contact the Wage and Hour Department and inform them of the situation, it would also be advisable to retain an attorney — they can help you recover unpaid wages or collect damages related to your mistreatment. Contact our FMLA attorneys at Morgan & Morgan today for a free, no-risk case evaluation. We may be able to help you get compensation and justice for what you’ve endured.

Hear From Our Clients

We’ve helped over 300,000 families.
See what they have to say.

Marlon B.
Auto Accident
5 stars

Our Personal Injury Lawyers
Have Over 28,000
5-Star Google Logo Reviews

Jerri
Unbelievably organized, responsive and probably the most effective process-oriented group of people I've ever seen. Their preparation for mediation and trial is beyond comprehensive. Across two cases and 3 years, not once did anything fall between the cracks. Everyone I came into contact with exemplifies professionalism; they quickly resolved insurance issues and spent time educating me about everything affecting my cases.
Georgia J.
General Injury
Rupdai
It has been an amazing experience with your law firm. I will be happy to refer any of my family and friends to your law firm. I am very thankful to Sabrina Thornburg and Andrew Felix for everything that they have done on my case. Sabrina kept in touch with me to let me know how everything was going and I am very happy with the service that she and Andrew provided. Your slogan really is true, you are for the people. Thank you.
Antonia C.
Slip and Fall
Alejandro
I was very happy with the communication between the legal counsel and myself. If I had any questions I could leave it if not directly and I would have an answer within 24 hours by either email or a courtesy phone call. Also, the quick resolution of the matter was something I appreciate very much. Needless to say the result was more than expected.
Todd E.
Homeowners Insurance
Jasmine
I originally hired a different law firm after being involved in a multi-car accident on the interstate, but after a few conversations, arguments, and showing me other cases were more important than mine, I called and hired Morgan & Morgan! That was one of the best decisions I've made as an adult! Not only have they been in contact with me, but they listened and found mistakes in the crash report that the officer didn't want to admit to! I'm beyond thankful!
See More

The Fee is FreeTM Only Pay If We Win.

1

Free case evaluation icon

Submit a Free Case Evaluation

You can find out if you qualify immediately.

2

Incoming icon

Get a Call From Us

Our specialists will walk you through your case and collect all the right information to win your case.

3

Woman with computer icon

Let Us Get to Work

Our specialized attorneys will handle every step of your case from start to finish. You don’t pay until we win.

Call Us Now

See Our Results

We’ve won over $13 Billion for our clients in cases of all types. Let us work hard for you.

Car icon
$120,000,000
Car Accident
Medical Malpractice icon
$28,450,105
Medical Malpractice
Clock and money icon
$820,000
Unpaid Overtime
Tobacco icon
$91,000,000
Tobacco
Slip & Fall icon
$3,140,804
Slip & Fall
Premises Liability icon
$8,800,000
Premises Liability
Social Security icon
$1,331,245
Social Security
Civil Rights icon
$1,800,000
Civil Rights

Let Us Help You.