Violations of the Family and Medical Leave Act

Passed in 1993, the federal Family and Medical Leave Act (FMLA) requires employers with 50 or more employees to provide job protection, unpaid leave and continuation of benefits to qualified workers who need time away from work to tend to certain family matters. This includes maternity leave, paternity leave, or a serious personal or family illness.

FMLA allows parents to take unpaid time off from work if a child is hospitalized or being treated for a serious health condition. In addition, the FMLA states that individuals may take unpaid time away from work for any illness that requires them or another family member to receive "a regimen of continuing treatment."

We work with clients in Baton Rouge, New Orleans, Lafayette, and throughout the region on the full scope of employment law matters.

Under FMLA guidelines, an individual may be away from work for only a few hours as needed or he or she may be away for as long as 12 weeks in a single 12-month period.

In addition, a military caregiver leave provision allows an individual to take 26 weeks of leave during a 12-month period to care for a service member with a serious injury if the injured individual is a son, daughter, parent or next of kin.

We Help You Understand Your Rights Under Federal and Louisiana Laws

At the law office of Robert B. Landry III PLC, in Baton Rouge, we help individuals understand their rights regarding time away from work for illness or family concerns.

Employment law attorney Robert B. Landry is prepared to take legal action against an employer who directly or indirectly attempts to prevent an employee from taking leave that he or she is entitled to. We also protect workers against retaliation for taking FMLA leave. Retaliation may include failing to reinstate you to the same or similar position, or terminating your employment.

In order to qualify for rights protected by FMLA, an employee must intend to return to work and must have:

  • Worked a minimum of 12 months for that employer (they do not have to be consecutive)
  • Worked a minimum of 1,250 hours for the employer in the 12 months prior to the starting date of the FMLA leave
  • Worked at a site within 75 miles of a job site at which the employer employs a minimum of 50 employees

Contact us to meet with an experienced lawyer who can explain more about protections afforded to you under FMLA and state laws. We can provide you a straightforward assessment and what steps to take.