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Family and Medical Leave Cases

Protection Under the Family and Medical Leave Act (FMLA)

Employees often take the security of their position for granted. Problems can arise, however, when an employee falls seriously ill and needs to take time off of work to seek treatment or to recover. The Family and Medical Leave Act (FMLA) requires most employers to hold an employee's position for up to a total of 12 weeks within a given year. These laws apply to employers with 50 or more employees within one facility or within a 75-mile radius. If your employer meets these requirements, you should be able to take unpaid time off in case of a serious medical condition or illness.

Disputes often arise regarding the definition of "serious illness." In general, you have the right to take medical leave for the birth or adoption of a child (whether you are the mother or the father); for any illness or medical condition that requires treatment or time away from work; or to care for a family member who is seriously ill. The 12 weeks of leave does not need to be consecutive, which means that you can take any consecutive or nonconsecutive days off throughout the year as long as they total no more than 12 weeks.

Filing a Claim for Violation of Your Right to Medical Leave

Unfortunately, there are some cases in which an employer violates their employee's right to unpaid leave under the FMLA. If this has happened to you, Chavez Law Firm can provide an El Paso employment law attorney to help you file a lawsuit. You have every right under the FMLA to fight for compensation after your employer demonstrates discrimination against your condition or situation.

Consult an Employment Lawyer in El Paso

Our firm's passion is community safety. More than anything, we desire to hold irresponsible individuals and employers accountable for their harmful actions. Speak with an employment lawyer from our team as soon as possible if you are the victim of discrimination and have been denied family or medical leave. We can investigate your case and present a strong argument to recover the damages you have suffered, which can range from wage loss to wrongful termination. Contact us right away to learn more!