Family Medical Leave Act (FMLA) Lawyer in Boise, ID

When life presents unexpected challenges like a serious health condition or the need to care for an ill family member, the last thing you should worry about is losing your job. The Family Medical Leave Act (FMLA) provides eligible employees with job-protected, unpaid leave for qualifying medical and family reasons. At HKM Employment Attorneys LLP, our experienced Boise FMLA lawyers are dedicated to protecting the rights of workers in Idaho. We understand FMLA and are here to guide you through the process of taking leave and safeguarding your career.

What Is the Family Medical Leave Act?

The Family Medical Leave Act is a federal law enacted in 1993 to help employees balance their work and family responsibilities. Under FMLA, eligible employees of covered employers are entitled to take up to 12 weeks of unpaid leave annually. This means that if you qualify for FMLA leave, you can take time off work to attend to your serious health condition, care for an immediate family member with a serious health condition, or bond with a newborn, adopted or foster child – all without fear of losing your job.

Covered employers include public agencies, schools, and private sector employers with 50 or more employees on their payroll. If you are unsure whether your employer is covered under FMLA or if you qualify for leave, an experienced Boise Family Medical Leave Act attorney can assess your situation and advise you of your rights.

Your Rights Under the Family Medical Leave Act

If you are an eligible employee under FMLA, you have the right to:

  • Take up to 12 weeks of unpaid leave in a 12-month period for a qualifying reason
  • Have your group health benefits maintained during your leave as if you continued to work
  • Return to the same job or an equivalent job at the end of your FMLA leave
  • Be free from retaliation or discrimination for exercising your FMLA rights

During your FMLA leave, your employer must continue to provide you with the same group health insurance coverage under the same terms and conditions as if you had not taken leave.

It is important to note that FMLA leave is unpaid, but you may be able to use your paid sick, vacation, or PTO days to receive pay during your leave, depending on your employer’s policies. Additionally, in some cases, FMLA leave may run concurrently with other types of leave like short-term disability or workers’ compensation.

Qualifying Reasons for FMLA Leave

There are several qualifying reasons that allow an eligible employee to take FMLA leave:

  • Your own serious health condition: If you have a nagging health issue that makes you unable to perform the essential functions of your job, you can take FMLA leave to receive treatment and recover.
  • To care for a family member with a serious health condition: You can take FMLA leave to care for your child, spouse, or parent who has a serious health condition. This includes providing care, psychological comfort, and arranging for third-party care.
  • Bonding with a new child: FMLA leave can be used for the birth of your child and to bond with the newborn child within one year of birth. You can also take leave for the placement and bonding with an adopted or foster child within one year of placement.
  • Qualifying exigencies related to military deployment: If your spouse, child, or parent is a military member on covered active duty or call to covered active duty status, you can take FMLA leave for qualifying exigencies like attending military events, arranging childcare, or handling legal/financial affairs.
  • To care for a covered servicemember: Eligible employees can take up to 26 weeks of FMLA leave in a single 12-month period to care for a covered servicemember (your spouse, child, parent, or next of kin) with a serious injury or illness.

If any of these situations apply to you, it is critical to understand your rights under FMLA and follow the proper procedures to request leave. A knowledgeable Boise Family Medical Leave Act lawyer can help you navigate the complexities of FMLA and ensure you can take the time you need to handle medical or family matters.

What to Do If Your FMLA Rights Are Violated

Unfortunately, some employers violate the Family Medical Leave Act, either intentionally or unintentionally. FMLA violations can take many forms, including:

  • Denying or discouraging an employee from taking FMLA leave
  • Failing to maintain an employee’s group health benefits during leave
  • Requiring an employee to perform work while on FMLA leave
  • Discriminating or retaliating against an employee for requesting or taking FMLA leave
  • Refusing to reinstate an employee to the same or equivalent position after FMLA leave

If you believe your FMLA rights have been violated, it is essential to consult with an experienced Boise Family Medical Leave Act attorney as soon as possible. Your lawyer can help you document the violation, file a complaint with the U.S. Department of Labor’s Wage and Hour Division, and pursue legal action against your employer if necessary. You may be entitled to reinstatement, back pay, front pay, liquidated damages, and other remedies.

How HKM Employment Attorneys Can Help

At HKM Employment Attorneys LLP, our compassionate Boise Family Medical Leave Act lawyers are committed to helping employees assert their rights under FMLA. We understand the stress and uncertainty that comes with needing time off for medical and family reasons, and we are here to support you every step of the way.

Our family medical leave act attorneys in Boise can help you by:

  • Determining your eligibility for FMLA leave
  • Assisting you with the FMLA leave request process
  • Ensuring your employer complies with FMLA requirements
  • Fighting against FMLA violations and discrimination
  • Negotiating with your employer on your behalf
  • Representing you in court if necessary to protect your rights

Our goal is to help you secure the leave you are entitled to under FMLA and protect your job, your health, and your family.

HKM for Your FMLA Rights

The Family Medical Leave Act provides vital protections for employees who need time off to deal with their serious health condition or care for a family member. If you have questions about your FMLA rights or believe your rights have been violated, do not hesitate to contact an experienced Boise FMLA lawyer at HKM Employment Attorneys LLP.

BOISE EMPLOYMENT LAW ATTORNEYS

HKM Employment Attorneys LLP

999 W Main Street
Suite 100
Boise, ID 83702
Phone: 208-500-2442

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