Experienced, Effective And Always Empathetic

Advocates For Your Right To Use FMLA And Medical Leave

Many employers in Indiana are subject to the Family and Medical Leave Act (FMLA). The FMLA allows eligible employees working for covered employers to take job-protected leave for serious medical conditions with the right of reinstatement after the leave ends. It also prohibits employers from retaliating against employees for asking for or taking FMLA leave. If your employer has refused to grant you the right to take FMLA or has retaliated against you for using FMLA, we at Wilson Melton, LLC, are prepared to represent you tenaciously.

If You Have Questions, We Can Help

It is often difficult to know what your rights are under the Family and Medical Leave Act. Fortunately, our lawyers can help you understand them and advocate for them if your employer is not honoring them. You can read below about some of the queries we regularly hear from our prospective clients about FMLA.

Eligible employees can generally take FMLA to care for their own serious medical condition, to care for a family member who has a serious health condition, to bond with a newborn child or a newly adopted child, to care for a family member injured during active military duty, or to handle certain extenuating circumstances that may arise with a family member serving in the military.

Who can take FMLA leave?

Employers must have at least 50 employees within 75 miles of the location where the employee works for the employee to be able to take FMLA. Employees eligible for FMLA must have worked for an employer for at least one year and at least 1,250 hours in the year preceding the FMLA leave.

How much FMLA leave can I take?

Employees seeking FMLA leave may take up to 12 weeks of protected leave over a period of 12 months for specified reasons. A worker’s right to take FMLA leave renews every 12 months as long as the employer is covered and the worker remains eligible. An eligible employee may also be able to take up to 26 weeks of FMLA leave in a 12-month period to care for a family member injured on active military duty.

FMLA leave can be taken in blocks of time or intermittently for up to 12 weeks in a 12-month period. The employee may, for example, need several weeks to recover from a serious health condition or to care for a child with a serious health condition. Or, the employee may need intermittent time, for instance, to attend medical appointments or stay home to care for his/her serious health condition.

Can an employer take away an employee’s job after FMLA leave?

An employee is generally entitled to reinstatement to the same or an equivalent position upon return from FMLA leave.

Does an employer have to pay an employee on FMLA Leave?

Unfortunately, no. FMLA only requires unpaid leave.

Can an employer retaliate against an employee for asking for or taking FMLA leave?

It is illegal for employers to wrongfully fire, demote, punish or otherwise take adverse action against an employee for using FMLA or requesting FMLA. Doing so is considered unlawful retaliation.

Contact The FMLA Attorneys At Wilson Melton, LLC

If you believe your employer is violating the law by denying FMLA leave to you, not reinstating you to the same or equivalent position, or has retaliated against you for asking for or taking FMLA, please contact the attorneys at Wilson Melton, LLC, for a review of your situation. Working with our attorneys may make the difference in protecting or losing your FMLA rights. You can call our Indianapolis office at 317-827-8302 or send us an email to request a free consultation.