Texas FMLA Violations Attorneys
The Family and Medical Leave Act of 1993 (FMLA) is the federal labor law that requires covered employers to provide employees with up to 12 weeks of unpaid leave each year for qualified family or medical reasons with no threat of job loss. An employee does not have to take all 12 weeks, and the 12 weeks do not need to be used consecutively.
Most FMLA complaints fall into one of two categories: interference or retaliation. An employer either interferes with an employee exercising their rights under FMLA by prohibiting them from taking desired leave, or the employer retaliates by firing or demoting an employee who requested or took FMLA leave.
Did your employer violate your FMLA rights by denying you leave you were entitled to or engaging in another form of retaliation? It can be difficult to prove a FMLA violation case, which is why you will want to be sure to work with an experienced lawyer.
Leichter Law Firm PC helps people who have suffered employment consequences out of a simple basic desire to care for their families. You can have our Texas FMLA violation attorneys review your case and discuss all of your legal options when you call (956) 205-0884 or complete an online contact form to receive a free consultation.
Do I Need A FMLA Violations Lawyer?
You generally should need an attorney to file a FMLA request, as it is a federal law that most employers understand they are required to comply with. Nonetheless, issues commonly arise when employers misunderstand their obligations under FMLA.
When an employer violates your FMLA rights, it can be complicated to determine how to get justice. People can experience all kinds of issues relating to retaliation for FMLA leave, such as being transferred to new positions or experiencing difficulty obtaining health insurance benefits.
You want to speak to a lawyer about the problems you are encountering because they will have the best understanding of the possible solutions that are available to you. If an employer has taken an action that involved you losing wages or being demoted, an attorney can help you recover possible damages.
You can attempt to handle a FMLA claim on your own, but the number of delays and complications involved are usually frustrating for the average person. An experienced lawyer will know the most effective methods necessary for resolving your FMLA case.
Why Choose Leichter Law Firm PC To Handle My Case?
Founder Louis Leichter has received an AV Preeminent rating from Martindale-Hubbell, a peer rating denoting the highest level of professional excellence, and is a member of the State Bar of Texas, the National Association of Addiction Professionals (NAADAC), and the Texas Association of Addiction Professionals (TAAP). David Langenfeld is Board Certified as a Specialist in Labor and Employment Law.
Leichter Law Firm PC only represents employees in Texas, never employers. We are committed to getting you everything that you are owed.
Our firm helps people with claims against current and former employers as well as groups of employees in class actions. Our friendly and dedicated support staff guarantees that you will always be able to reach us with any concern or question.
Leichter Law Firm PC understands that many people who are dealing with pay issues stemming from FMLA violations are also in very tight spots financially. You will not need to worry about paying our firm anything because we represent clients on a contingency fee basis and nothing is due until you recover a financial award.
Types of FMLA Violations Cases We Handle
FMLA allows eligible employees of covered employers to take 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons. Group health insurance coverage must continue under the same terms and conditions.
Eligible employees are entitled to take leave for:
- The birth of a child and to care for the newborn child within one year of birth
- The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement
- To care for the employee’s spouse, child, or parent who has a serious health condition
- A serious health condition that makes the employee unable to perform the essential functions of his or her job
- Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty”
FMLA also provides 26 workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin. This is referred to as military caregiver leave.
Frequently Asked Questions
Which employers does FMLA apply to?
FMLA applies to all public agencies, including local, state, and federal employers, regardless of the number of employees. It also applies to local education agencies such as schools, regardless of the number of employees, and private sector employers who employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year. This includes joint employers and successors of covered employers.
What is a serious health condition?
Title 29 Code of Federal Regulations § 825.113(a) states that for purposes of FMLA, serious health condition entitling an employee to FMLA leave is defined as “an illness, injury, impairment or physical or mental condition” involving inpatient care or continuing treatment by a health care provider.
Title 29 Code of Federal Regulations § 825.114 defines inpatient care as “an overnight stay in a hospital, hospice, or residential medical care facility,” including any period of incapacity or any subsequent treatment in connection with such inpatient care.
Title 29 Code of Federal Regulations § 825.115 establishes that a serious health condition involving continuing treatment by a health care provider includes one or more of the following: Incapacity and treatment, pregnancy or prenatal care, chronic conditions, permanent or long-term conditions, and conditions requiring multiple treatments.
Under Title 29 Code of Federal Regulations § 825.113(b), the term incapacity is defined as “inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment, therefore, or recovery therefrom.”
How much notice is an employee required to provide before taking FMLA leave?
The United States Department of Labor (DOL) states that an employee’s notice to an employer can be verbal or written, and the employee is not required to specifically mention FMLA the first time they request leave. An employee is only required to provide enough information for the employer to know that the leave may be covered by the FMLA as well as when and how much leave the employee wants to take. When leave is foreseeable, an employee must give the employer at least 30 days notice of the leave. When leave is unforeseeable, they must give notice as soon as possible and practical.
FMLA Violations Statistics
The Wage and Hour Division (WHD) of the DOL reported there were 1,165 FMLA complaint cases in fiscal year 2017, the lowest number of the past 20 years. The 50 percent of no-violation cases in fiscal year 2017 was the lowest since the 49 percent in fiscal year 2009.
According to the WHD, 225 cases in fiscal year 2017 involved refusal to grant leave, 122 cases involved refusal to restore an employee to an equivalent position, and 493 cases involved termination. The WHD also reported that 11 cases involved failure to maintain health benefits and 314 cases involved discrimination.
The WHD reported that there were 579 no violation cases in fiscal year 2017, the lowest number of the past 20 years. The employer was not covered in 25 cases, also the lowest of the past 20 years. An employee was not eligible in 83 cases, which was an increase from the 77 cases in fiscal year 2016.
The complaint was not valid in 418 cases, there were 586 cases with violations, and 634 employees were affected in fiscal year 2017, all three totals being the lowest of the past 20 years. The amount of back wages involved, $1,481,952, was also the lowest of the past 20 years.
According to the DOL, 91 percent of employers reported that complying with FMLA had either a positive effect or no noticeable effect on employee absenteeism, turnover, and morale. Additionally, 85 percent of employers reported that complying with the FMLA is very easy, somewhat easy, or had no noticeable effect.
The DOL reported that 24 percent of leave taken for FMLA reasons is intermittent leave, and fewer than 2 percent of employees who take intermittent leave are off for a day or less. Almost 60 percent of employees satisfy the terms of eligibility under FMLA, and 13 percent of all employees reported using FMLA in the past 12 months.
Contact a Texas FMLA Violations Attorney Today
If your employer violated your FMLA rights, you may have a limited amount of time to take legal action. It will be important for you to get the help of an experienced lawyer who can hold your employer accountable.
Leichter Law Firm PC handles all kinds of employment law cases, including FMLA violations. Call (956) 205-0884 or contact us online to have our attorneys provide a complete evaluation of your case during a free consultation.