Q: I believe my participation in the Family Medical Leave Act has affected my job in the areas of wages &shifts. Options?
A: You should consult with an employment attorney in your area to discuss your situation. The FMLA prohibits your employer from interfering with your rights under the FMLA (such as job restoration after a qualifying leave) or from retaliating against you after you return from FMLA leave. The specifics of your situation need to be analyzed to determine if your FMLA rights have been violated.
A: The Family and Medical Leave Act, or FMLA, is a federal law that gives employees the right to up to twelve weeks leave from their job to care for a loved one or take care of their own serious health condition. When you return from FMLA leave, you are entitled to get your job back, either reinstated to the same position or an equivalent job. If your wages and/or your number of shifts were reduced upon your return, it does not sound ‘equivalent’ to your previous job. Contact an employment lawyer experienced in FMLA issues to discuss the specifics of your case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
