Ocala, FL Denial of Leave
As an employee, you are a valuable asset to the company in which you work for. Not only do you contribute your talents and skills to the company to ensure daily functioning, but your duties often help to advance the company. You fund the profits of your employers and ensure the company’s perpetuity. As such, when unforeseen circumstances and/or emergencies occur, you should not be faced with a denial of leave or the threat of the loss of your job. Employment lawyers at Schatt Hesser Mcgraw are proud to represent Florida employees who face difficulty gaining “time off” to care for themselves and their loved ones.
What Constitutes A Denial of Leave?
Life is unpredictable and many things are not promised. At Schatt Hesser Mcgraw, our employment attorneys understand that at times, life happens and it happens fast. When it does, you should be able to trust that you can take time off from work without the threat, worry or fear that you will be fired. When employers/companies forbid employees from taking an adequate amount of time off from work to adhere to their basic needs (and/or family members) during unique situations, it is known as a “denial of leave.” Fortunately, there are specific state and federal labor laws and policies that forbid companies from denying employees the right to leave when an illness, accident or other unforeseen circumstance occurs.
Family & Medical Leave Act (FMLA) Claims
What is the Family & Medical Leave Act?
The Family & Medical Leave Act is a federal policy that protects workers when a family or medical emergency arises. Not only does it allow employees to take the necessary amount of time off, but it ensures that they do not lose access to their jobs, payment and all of the job benefits therein (i.e. health insurance programs, retirement programs etc.) upon their return to the workplace.
There are specific eligibility requirements for coverage by the Family & Medical Leave Act. Employees must have worked at a company for at least a year; obtained at least 1250 hours of labor during the previous year; and work within a company that has at least 50 other employees. Once these basic qualifications are met, the following circumstances are covered, allowing employees to take leave:
- Child rearing (i.e. pregnancy, adoption, foster care placement etc.)
- Serious health conditions involving chronic and/or long term conditions (i.e. cancers, diseases etc.), ongoing medical treatment (i.e. chemotherapy, dialysis etc.) and/or hospitalization
- Military deployment and/or injuries resulting from military services (see info below regarding USERRA)
If you are unsure if you qualify for coverage under the Family & Medical Leave Act, an employment attorney is necessary. This act is a federal provision that requires all states and companies of any kind to follow appropriate procedure. If you meet the eligibility criteria and are still denied leave, you have the right to file suit against your employers.
Violation of the Family & Medical Leave Act
The most common forms of violation of the Family & Medical Leave Act result from employers’ inability to properly recognize and address an employee’s circumstance. Many employers
- Fail to acknowledge serious health conditions
- Administer unfair disciplinary action against employees or fire employees for taking “excessive absences”
- Provide threats and/or pressure employees into returning to the workplace during their leave
- Refuse basic benefits upon the employee’s return, such as health insurance
- Postpone the reinstatement date of the employee
- Demote the employee to a lower tier position
If any of the aforementioned actions have been presented against you by your employer, you have a legitimate claim. Ocala attorneys can help you gather and locate evidence to support your claim, negotiate and advocate on your behalf and ensure that your Family & Medical Leave Act Claim is successful. In the past, our employment attorneys at Schatt Hesser Mcgraw have efficiently aided in compensation for time off, approval of leave and the reinstatement of job benefits and positions for Florida employees within diverse career fields.
Uniformed Services Employment & Reemployment Rights Act (USERRA)
If you are a member of the military or one of the armed forces, you too are eligible for specific rights and privileges at your place of employment. The Uniformed Services Employment & Reemployment Rights Act (USERRA) allows veterans and members of the uniformed services to maintain their employment status and position upon return to the workplace. For up to five years, members of Reserve components are entitled to their job after being deployed. This federal provision also requires companies to cater to the needs of such workers by adapting the workplace to ensure that disabled veterans are able to continue to work. It prevents discrimination, ensures that the civilians who fight for our country are protected financially and allow such workers to return to the workplace with dignity.
If you are a member of the armed forces and believe that your employer has violated USERRA, employment attorneys at Schatt Hesser Mcgraw can assist you.
Employment Attorneys in Ocala, FL
At Schatt Hesser Mcgraw, our experienced Ocala employment attorneys understand that from health complications to military assignments, life happens. When it does, you are entitled to specific benefits, rights and privileges that a company is legally unable to deny. Our Ocala attorneys are experts in employment law and will represent you when your job, benefits or dignity is threatened due to an unforeseen circumstance. Know that federal labor laws and policies protect you. Contact us today for a free initial consultation.