At some point, in almost every employees life, a medical issue will arise that requires the employee to take medical leave for their own health condition, or the health condition of a close family member (such as mother, father, spouse or child). Fortunately, the laws of our nation provide job protected medical leave to many of the employees in the states of Kansas and Missouri, and the Kansas City metropolitan area. That medical leave is known by most as Family and Medical Leave or FMLA. The laws surrounding the FMLA can be complicated and confusing, but fortunately, they in fact are very employee friendly.
Family and Medical Leave Act (FMLA)
There are many circumstances that entitle employees to a legal right to take medical leave. Sometimes employers do not follow these laws or even take action against employees for exercising their right to take leave. In any case, the laws around medical leave are very complex. We take pride in clearly explaining and navigating the often foggy landscape of employee medical leave. We help our clients understand their right to take leave under the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) to help preserve their employment or if necessary pursue legal claims in court after an illegal termination. Contact Koc Law LLC in Kansas City, Missouri to discuss your medical leave rights.
Eligibility to Take Leave Under The FMLA and Notice of Rights
If you work for an employer who has at least 50 employees within a fifty mile radius of you and you have both worked for at least one calendar year for that employer and worked at least 1280 hours in the last year, if you suffer a serious health condition, or need to care for a loved one with a serious health condition, or need to take leave related to the birth or adoption of a child, generally speaking, you are eligible for job protected medical leave under the FMLA.
You do not need to mention the FMLA by name, an employer has to provide you FMLA benefits if you meet the above qualifications and all you do is inform your employer of facts that indicate you or your loved one has a serious health condition. After that, your employer should give you certain notices about your rights to take leave.
What Constitutes a violation of the FMLA
FMLA violations occur in two ways, interference with an individual's right to take FMLA and retaliation against a person for taking FMLA leave. Because oftentimes FMLA involves a mother taking leave for a child, a violation of the FMLA can also indicate that gender discrimination is at play. Similarly, because FMLA leave typically involves serious or ongoing illnesses, a violation of the FMLA can also indicate disability discrimination is at play.
Rights for Employees Who Need Medical Leave
The United States Department of Labor establishes certain rights for certain employees who need FMLA leave:
- Job Protected Leave Except for limited circumstances, you will have the right to take leave as needed for the qualifying reason, either in the form of continuous leave, or intermittent, without risk of losing your job for absenteeism and reduced job output.
- Reinstatement A person who takes a leave and does not need more than the 12 weeks allowed by the FMLA is entitled to reinstatement to their former position. This includes, in general the same terms and conditions as you worked prior to taking leave.
- Free from retaliation. A person who asks for leave that qualifies for FMLA, or complains about or is associated with a person who complains about disability discrimination, cannot be retaliated against.
Contact an Employment Law Attorney in Kansas City Metropolitan Area Today
At Koc Law LLC, our employment law lawyer based in Kansas City Metropolitan Area understands how you must feel if you have suffered an illegal job action in Kansas or Missouri. We will take responsible, comprehensive legal action against your employer to make sure your rights are protected. Contact us by filling out the online form or calling us at 816-264-1200 to schedule an Initial Free Consultation and to learn more about the recourse you can take. Koc Law LLC handles cases all through the Kansas and Missouri area regarding illegal retaliation, including Kansas City, Missouri; Olathe, Kansas; Overland Park, Kansas; Topeka, Kansas; St. Joseph, Missouri; Columbia, Missouri; Joplin, Missouri; Wichita, Kansas; and Hays, Kansas.