The Family and Medical Leave Act requires certain employers to allow employees the right to take up to twelve weeks of medical leave without pay. This medical leave can be taked to treat an employee’s personal medical condition or the medical condition of an employee’s immediate family member.
There are numerous requirements that must be met before an employee is protected by the FMLA. However, if these requirement are met, an employer is not allowed to retaliate against an employee for taking medical leave. FMLA retaliation could give the employee a cause of action against the employer.
Employers must take precaution when an employee takes any type of leave where the FMLA may be implicated. Additionally, employees must follow employer policies to gain FMLA protection. If you are an employer or employee and are dealing with an FMLA issue, contact Stacy Cole Law, P.C. today.