» Family and Medical Leave Act (FMLA)

Family and Medical Leave Act (FMLA)

Under the federal Family and Medical Leave Act of 1993 (“FMLA”), certain employers must grant eligible employees up to 12 workweeks of unpaid leave during a 12-month period (1) for a medical leave of absence when an employee is unable to work because of a serious health condition; (2) to care for a spouse, child or parent with a serious health condition; (3) for the birth and care of a child; or (4) for the adoption and care of a child. The FMLA generally applies to employers with 50 or more employees.

Sometimes an employee must be permitted to use the 12 workweeks of FMLA leave intermittently, allowing the employee to work on a less than full-time schedule. An employee on FMLA leave is entitled to maintain health benefits coverage as long as the employee continues to cover the employee’s portion of any insurance premium. When an employee returns from FMLA leave, he or she is entitled to be placed in the position previously held or in an “equivalent position with the equivalent benefits, pay, status, and other terms and conditions of employment.” The FMLA makes it unlawful to discriminate or retaliate against an employee who has taken a medical leave or who is seeking to take such a leave. A good Austin FMLA attorney will have significant knowledge and experience in all areas of this law. We do.

What We Can Do If You Are An Employer

The FMLA can be an extremely complicated area of the law for employers. We have helped numerous employers confidently work their way through it. Because this is a complicated area of the law, an employer would be well-advised to have an experienced Austin FMLA lawyer draft or review their policies for appropriate legal compliance and make recommendations to minimize litigation risks. We provide these services. We also help employers respond to FMLA leave requests and conduct internal workplace investigations if a complaint has been made, or a problem is suspected. With respect to FMLA-related employment issues, we counsel and advise businesses; represent businesses when complaints are made against them to the Department of Labor; prepare severance agreements; tenaciously represent businesses who are being sued in lawsuits, arbitrations and mediations; and handle almost any other employment issue you can imagine. We have been very successful in our representation of employers and we invite you to review the testimonials from several of the employers we have represented on employment matters. If you are an employer who would like to have an experienced and knowledgeable Austin FMLA attorney who has a long track record of success for employers on your side, contact us.

What We Can Do If You Are An Employee

Unfortunately, not all employers comply with the Family and Medical Leave Act or even understand it. If you are an employee who is considering seeking FMLA leave or returning from FMLA leave, it is in your best interests to contact a knowledgeable and experienced Austin FMLA lawyer. A good Austin FMLA lawyer can explain the law in this area; assist you in properly seeking FMLA leave; advise you of your rights and options; and intercede with your employer when appropriate. If your employer has discriminated or retaliated against you for seeking or taking FMLA leave, a good Austin FMLA attorney can represent you in court or with the Department of Labor and aggressively prosecute your lawsuit if your case cannot be reasonably settled. We do all of these things and have done so for well over 20 years. We invite you to review the testimonials from some employees we have represented on employment matters. If you are an employee who would like to have an experienced and knowledgeable Austin FMLA attorney with a long track record of success for employees on your side, contact us.

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