Do you have an FMLA claim against your employer?

Reinstatement Problems. Key employees are entitled to take FMLA leave. Some employers refuse to allow key employees to take FMLA leave, or classify employees as “key” if giving them time off would be a hardship for the company. This isn’t the test, however: An employee is “key” only if reinstatement would cause the injury.

What happens if you return from a non FMLA medical leave of absence?

Failure to Return from Non-FMLA Medical Leave Any employee who fails to return to work as scheduled after leave may be subject to dismissal from employment.

What is the family and Medical Leave Act?

The Family and Medical Leave Act of 1993, or “FMLA”, is a law that was enacted to provide rights and protections with regard to medical leave for employees. Under the FMLA, required leave is unpaid and may continue for up to 12 weeks. During this time period, the employee’s job is protected and he or she may not be terminated from their position.

Can you get punitive damages under the FMLA?

Punitive damages and emotional distress: The FMLA does NOT permit these types of damages to be awarded, however, if an employee sues under state employment laws, then they may be able to recover punitive damages and damages for things like emotional distress. This is why liquidated damages are awarded as a substitute.

What happens to health insurance during FMLA leave?

During FMLA leave, employers must continue employee health insurance benefits and, upon completion of the leave, restore employees to the same or equivalent positions. Covered employers: The FMLA applies to private employers with 50 or more employees working within 75 miles of the employee’s worksite.

Can a worker’s compensation claim be waived under the FMLA?

The FMLA, on the other hand, provides for job-protected leave for certain qualifying reasons. Even if an employee waives his rights to challenges regarding a workers’ compensation claim, he does not necessarily waive his rights to other claims, including the FMLA.

What can I do with FMLA after a head injury?

You may also take FMLA leave on a reduced scheduled basis. That means you can reduce the number of hours or days you work each week. For example, many of my clients who have suffered a head injury resulting in post-concussive syndrome work part-time to manage their stress and headaches better.

Can a light duty position count on FMLA?

If the employee accepts the light duty position in lieu of FMLA leave or returns to work before the FMLA leave entitlement ends, the employee retains the right to the original or to an equivalent position. However, the period of time employed in a light duty assignment cannot count against FMLA leave entitlement.