Family and Medical Leave Act (FMLA) Lawyers

The employer must continue to provide health insurance benefits to the employee under any group health plan for the length of FMLA leave. Returning employees must have their former positions prior to FMLA leave reinstated, or an equivalent job with the same salary, benefits, and all other original occupational terms. Any employee who utilizes FMLA cannot lose the right to any employment benefits accrued before the leave.

Under FMLA regulations, it is illegal for the employer to:

• Interfere with or refuse any rights available to the employer under FMLA. 
• Fire, retaliate, or discriminate against an employee for opposing any practice deemed unlawful by FMLA or for inclusion in any proceeding relating to FMLA.

If an employer discriminates or retaliates against an employee for seeking benefits guaranteed under the FMLA, the employee may be eligible to receive further compensation through a discrimination lawsuit.

The U.S. Department of Labor's (DOL) Wage and Hour Division administers and enforces the FMLA for all private, state and local government employees, and some federal employees. The DOL has the jurisdiction to investigate and resolve complaints concerning FMLA violations, and may take an employer to court for any alleged violations. In addition, an employee entitled to FMLA coverage has the opportunity, with the help of an attorney, to file a lawsuit against an employer for violating his or her rights.

FMLA does not impact any federal or state law forbidding discrimination and does not override state or local legislation or collective bargaining agreement offering superior family or medical leave rights. To receive a complimentary case review from one of our attorneys, simply fill out our no-obligation case review form.