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Formisano & Company Attorneys At Law

Passionate About Protecting Employee Rights

Are You Covered For Leave Under The FMLA?

The Family and Medical Leave Act gives certain workers up to 12 weeks of unpaid leave per year. This allows workers to safely take time away from their jobs to care for important family matters. Qualifying workers in Rhode Island and Massachusetts can give their employer a notice of leave without concern over being fired or reprimanded.

In order to understand if you qualify for leave under the Family and Medical Leave Act (FMLA), ask yourself the following questions:

  • Do you work for a business with more than 50 employees within 75 miles?
  • Or, do you work for a public agency, an elementary school or a secondary school?

If the answer is yes, then you must also have worked at least 1,250 hours for your employer in the past 12 months. According to the United States Department of Labor, the law allows you to take time away from work for any of the following reasons:

  • Childbirth and care of a newborn child of an employee
  • Adoption or foster care placement for a child of an employee
  • Care for an immediate family member with a serious health issue
  • Medical leave when an employee is unable to work due to a serious health issue

After meeting these qualifications, you will be eligible for unpaid time away from work under the FMLA.

Has Your Employer Interfered Or Retaliated Against You?

The FMLA is in place to help workers balance their personal and professional lives. It also promotes equal employment opportunity for both men and women. Even with these important federal guidelines in place, some employers do not adhere to the rules. However, it is illegal for an employer to interfere with or deny workers their rightful unpaid time off.

If you qualify for leave, then your employer cannot terminate or demote you for taking an extended leave of absence. Technically, an employer has the right to fill important positions while you take leave. In return, they must offer a position with similar duties and benefits when you return. If you have been treated unfairly by your employer, then contact our firm today for help.

Contact Us To Learn More About Your Rights Under FMLA

If your employer has violated the FMLA, then you should immediately contact our office in Cranston. At Formisano & Company, we have a deep understanding of employment laws and can help you understand and exercise your rights. Reach our lawyer by calling 401-400-4402 or fill out our online contact form.