Denied FMLA

Under federal FMLA eligible employees may take up to 12 weeks of leave for serious health conditions, bonding with a new child, exigencies related to a family member’s military service or to care for a family member who was seriously injured while on active military duty. Iowa law also gives employees the right to take pregnancy disability leave.

FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees.  Employees are eligible for leave if they have worked for the company for at least a year, worked at least 1,250 hours during the 12 months preceding the request, and they work at a location with at least 50 employees within a 75-mile radius.

Two main benefits of FMLA is an employee’s right to continue seamless participation in the employer health insurance plan while on leave and also that their job or an equivalent position will be reinstated when their leave ends. This provides a measure of financial security when personal issues arise that require an employee’s attention.

Although FMLA is available to eligible employees, sometimes employers intentionally or unintentionally deny leave to the detriment of the employee. Sometimes employees may be subjected to retaliation for requesting or taking FMLA leave, which sometimes may result in a negative employment action such as wrongful termination.

If you believe your rights under the Family Medical Leave Act (FMLA) have been violated, you may wish to consult with an employment law attorney. If an employer is found to have violated FMLA, remedies available to the employee may include wages, employment benefits, other compensation denied or lost to the employee, and actual monetary loss to the employee. An equal amount in “liquidated damages” will be paid unless the employer can show action was taken in good faith. The employee may also obtain other forms of relief, such as employment reinstatement or promotion and the payment of reasonable attorney’s fees to right the wrong.

Denied Family Medical Leave (FMLA)

Contact an Experienced Iowa Employment Law Attorney For Help

If you have questions regarding a potential violation of FMLA, contact the Iowa employment law offices of Stoltze & Stoltze PLC at515.989.8529 for assistance.