FMLA Retaliation and Discrimination
The Family and Medical Leave Act (“FMLA”) is a federal law that grants employees the right to take protected medical leave under certain circumstances. The FMLA only applies to employers who have 50 or more employees, and protects “qualified” employees. In order to be qualified, you must have worked for the employer for at least 12 months, and must have worked at least 1,250 hours for the employer in the 12 months immediately preceding the date that you wish to take leave.
The FMLA guarantees employees up to 12 weeks of leave time per year. You are qualified to take protected leave under the FMLA to care for your serious medical condition or those of your family members. Additionally, the FMLA protects parenting, paternity and/or maternity leave. Specifically, the FMLA protects you if you are pregnant, recently had a baby, adopted a baby, or are placed with a child in foster care.
Teske Micko represents employees who have been treated unfairly or had their FMLA rights violated. The FMLA contains many different protections for employees: If you take FMLA leave, you are protected from (1) interference with your right to take leave, (2) discrimination for taking leave, and (3) retaliation for reporting or complaining about potential FMLA violations.
Minnesota, along with many other states, has its own law that parallels the federal FMLA, and grants many of the same rights (the “Minnesota FMLA”). In fact, in 2014, Minnesota passed the Women’s Economic Security Act, which broadened Minnesotans’ rights to take pregnancy and parenting leave, and requires accommodations for parents and nursing mothers.
If you feel that your right to take FMLA, medical, family, pregnancy or parenting leave has been violated, you have been treated differently for requesting leave, or you have questions about your rights under federal and state leave laws, please contact us, we are happy to provide a confidential consultation and answer your questions.