Not all companies and not all leave qualifies for FMLA, and there are many rules, regulations, and limitations that make the process difficult for employees. It’s also important to know that the FMLA does NOT require that the leave be paid. This makes family and medical leave violations cases complicated. Per the FMLA, leaves of up to 12 weeks within a 12-month period must be approved without retaliation in the following circumstances:

  • If the employer has had at least 50 employees for at least 20 weeks of the year they must grant FMLA leave to any employee that has been with the company for at least a year and worked a minimum of 1,250 hrs
  • If the leave is to provide care for a family member who is seriously ill
  • If the leave is required to allow an employee to recuperate from their own a serious health condition
  • To allow a worker to take leave for a pregnancy, birth, or adoption
  • To allow a worker non-consecutive leave due to their own medical condition or that of a family member, called “intermittent FMLA” to allow an employee to take up to twelve weeks of total time over a longer period of time

Are You Worried About Taking Family or Medical Leave Because You Might Lose Your Job?

You are entitled to return to your job after taking a valid leave.  Examples of FMLA violations include:

  • Discontinuing existing health insurance coverage
  • Demotions upon returning
  • Termination for going on leave
  • Counting leave days as absences in work attendance
  • Threatening any of the above when an employee communicates about a necessary leave
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Why Do You Need Espinoza & Brock if You Have Been Denied Family or Medical Leave?

We are outspoken supporters of workers’ rights at Espinoza & Brock and have successfully represented clients in a variety of gender discrimination and family and medical leave violations cases.  We are one of the few law firms in the state of Texas that handles all aspects of a workers’ rights case.  An attorney on our team knows how important it is to you and your family that you are able to work and also care for an ill loved one or get care yourself.  Our clients are our family and we strive to hold employers or other responsible parties accountable if they have infringed on your rights as an employee.

Speak With a Workers’ Rights Attorney With Us if You Have Been Unfairly Treated at Work

Your rights as an employee are important and we want to make sure they are upheld.  Sometimes it’s not enough that there are laws or policies regarding things like being able to take time from work to care for a family member who needs you.  Javier Espinoza founded Espinoza & Brock because he knows exactly what workers go through to take care of their families and improve their lives.  As a first-generation American immigrant, Javier worked construction while going to school and raising a family.  Partner Lara Brock also comes from a working-class family and is passionate about bringing quality legal representation to female workers—and all workers—who need help.  Every member of our team shares a desire to change policy and help mistreated workers.  Contact an employment lawyer with us now and schedule a free initial consultation.

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Don’t Face a Family & Medical Leaves Violation Case on Your Own

Family and medical leaves issues can be complicated with overlapping federal and state rules as well as whatever policies your employer may have in place. But if you have lost your job or are not being given leave to take care of a child, ill family member or your own medical situation then an employment lawyer with us can help. We have offices in San Antonio and El Paso and offer a free initial consultation. You have rights and we can help you get what is fair.  Call us today.

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