FMLA

Serving Victims Of FMLA Discrimination throughout Texas

The Family Medical Leave Act (FMLA) was established by the government in order to protect and assist employees who face extenuating medical and family circumstances. FMLA allows employees up to 12 weeks of unpaid leave per year in order to care for a family member or recover from their own illness. There are, however, far too many instances when an employer interferes with a worker's right to this time off or retaliates because of an employee's FMLA leave. If you have been denied FMLA time off, or if your employer has punished you for taking it, Salas Law PLLC, can help you vindicate your rights.

What Are My FMLA Law Rights?

Under FMLA Law, eligible employees have the right to take leave for various medical and family-related matters.

Employees are entitled to 12 weeks per year of unpaid leave from work in order to:

Care for a newborn child
Administer the adoption of a child
Deal with the placement of a child into foster care
Recover from their own serious illness
Care for a seriously ill family member (spouse, child, or parent)
Care for an injured service member in the family
Address a qualifying hardship arising out of a family member's deployment

If employers wrongfully deny your right to take leave, you may be able to hold your employer accountable for violating FMLA laws.

What Are Some Common FMLA Violations by Employers?

Here are some examples of ways that employers violate family and medical leave laws:

Failing to acknowledge an FMLA request - Employees do not have to explicitly say they are taking "FMLA leave." If you request leave to take care of a child, that should be enough to qualify for job-protected leave under FMLA laws. An employer should recognize this and provide all the required documentation and paperwork to proceed with leave.
Cutting off benefits during leave - During leave, you are entitled to continue your health coverage through your employer. If your employer cut off benefits despite you keeping up with premiums, this may be a violation of your rights.
Denying or postponing leave requests - As long as you provide the required 30 days notice and make efforts to plan the leave in a way that is not disruptive to your role, your employer can't force you to postpone leave or deny your right to take leave when you need it.

Firing or disciplining you for taking leave - Employers are prohibited from firing you for exercising your right to take leave, or retaliating against you for doing so.
Reinstating you to a lower position - When an employee returns from leave, they must be reinstated to a lower or equivalent position with the same benefits, salaries, and duties. If your employer reinstated you to a position with lower pay or got rid of it, your rights may have been violated.

When you retain our firm as your counsel, we work with you to establish the merits of your claim as well as your legal goals. Our FMLA attorneys in San Antonio bring years of employment law experience to each case that we take. We also have the unique advantage of having previously defended employers in such actions, so we know how to prepare a solid strategy for your specific circumstances. Each member of our legal team is dedicated to helping victims of FMLA discrimination or retaliation, and we do not stop working until we obtain the best results possible for your legal situation.