Family Medical Leave Act Lawyers in Indianapolis
Helping You Care for a New Child, Sick Relative & Yourself
There are sensitive times in life that may require you to take a leave of absence from work to focus on family matters or personal health conditions. This can be the birth or adoption of a new child, caring for a seriously ill relative, or taking care of your own serious health issues. All of these examples are protected by United States federal employment law under provisions of the Family Medical Leave Act (FMLA).
This federal law permits up to 12 weeks of unpaid leave in a 12-month period to care for a child, family member, or yourself. Your job is protected during your leave, which means you can either return to the exact position you held before, or another with exact compensation and similar duties.
If an eligible employer is denying you your rights, contact an Indianapolis FMLA lawyer for help. Take advantage of a free initial consultation from Cleveland Lehner Cassidy today by reaching out to us online or calling our law office at (317) 406-0855.
What Does the Family Medical Leave Act Cover?
The FMLA applies to companies of a minimum size. If you work for a private or public company with 50 or more employees and have worked 1,250 hours during the 12 months prior to leave, you are likely protected by the Family Medical Leave Act.
This federal law permits up to 12 weeks of unpaid leave in a 12-month period to care for a child, relative, or yourself. Your job is protected during your leave, which means you can either return to the exact position you held before, or another with exact compensation and similar duties. Additionally, you will continue to have group health insurance coverage with the same conditions as from before you took leave.
Your leave can be granted as 12 consecutive weeks or as intermittent leave where you continue your work between smaller increments of leave.
What Are Common FMLA Violations?
There are a few common employer actions that violate the Family Medical Leave Act:
- Your employer never notifies you of your FMLA rights
- You are disciplined or retaliated against for requesting or taking FMLA leave
- Your intermittent leave is improperly calculated or treated as unexcused absence
- Your employer refuses to reinstate you in the same or similar position when you return
- Your employment is terminated while you are on leave
- Your employer fails to request medical certification documents or does not provide an employee with at least 15 days to submit it
What Can I Recover with an FMLA Claim?
If your employer has violated your rights under the Family Medical Leave Act, you can hold them accountable with help from an attorney.
Cleveland Lehner Cassidy can help you seek legal remedies such as:
- Back Pay – Lost wages caused by an FMLA violation.
- Front Pay – Lost future wages during the time an employee seeks a new equivalent position as a result of an FMLA violation.
- Liquidated Damages – Typically granted by default, these awarded can double back pay and front pay awards.
- Attorney’s Fees – If you win a lawsuit against your employer, they will be responsible for our fees if this is awarded
If you want to hold an employer accountable for violating your rights, contact our Family Medical Leave Act attorneys in Indianapolis for help.