Warner Law Office, P.A.

FMLA

Protection Against Employer Interference and Retaliation

Washington County CourthouseWhile an employer has the right to expect good attendance at work, sometimes you cannot help being absent. If you need or have taken time off from work for a serious health condition of you or a family member, or because of the birth or adoption of a child, the law may protect that leave from being held against you by your employer. Certain employers must provide employees with up to twelve weeks of unpaid leave under the Family and Medical Leave Act (FMLA). If you feel like your employer improperly denied you FMLA leave or has retaliated or interfered with your right to take FMLA leave, contact Warner Law Office for a free initial consultation. Attorney Dan Warner will review your situation to determine if it is something we can help you with.

You must meet certain conditions in order to qualify for FMLA protection. Your employer must employ at least 50 people within a 75-mile radius of the business. You must have worked for your employer for at least a year and have provided at least 1250 hours of service within the past 12 months. Our law firm assists people in understanding requirements of FMLA and other types of leave, including state laws on sick and injured child care leave and parental leave.

Situations that Qualify for Family and Medical Leave

FMLA protection is limited to certain specific situations. Here are four general types of protected situations:

  • The birth and care of an employee's child
  • Foster care and adoption placement of child with an employee
  • Care of an employee's spouse, child, or parent suffering from a serious health condition
  • An employee suffering from a serious health condition

Interference with Family and Medical Leave

Employers may not interfere with your ability to take FMLA leave. In an interference claim, an employer unlawfully applies wither direct or indirect pressure on you in an attempt to convince you not to take the leave you are entitled to.

Retaliation for Taking Family and Medical Leave

Employers may not retaliate against you for having taken FMLA leave. Retaliation can include failing to reinstate you to your old or similar position, or terminating your employment altogether for taking FMLA leave.

To learn more about the Family and Medical Leave Act, contact Warner Law Office for a free initial consultation. Attorney Dan Warner will review your situation to see if you may have a claim. We advise people about the FMLA throughout Minnesota, including people in the Twin Cities.

Warner Law Office, P.A.
Blackberry Office Park
5774 Blackshire Path
Inver Grove Heights, MN 55076
Phone: 651-455-0444
Toll Free Number: 1-877-885-6339