When you are trying to focus on your health or care for someone you love, the last thing you should face is uncertainty about your job, paycheck, and future stability. For support, turn to Fort Collins Family Medical Leave Act lawyers who can help employees safeguard their right to job-protected leave under federal law. They can challenge unlawful denials, seek justice for retaliation, and pursue lost wages or reinstatement when employers violate FMLA protections.
If you are facing issues with FMLA, the team at HKM Employment Attorneys, LLP, is prepared to enforce your rights. Our Fort Collins FMLA lawyers have years of experience confronting employers about their obligations and pursuing available remedies against those who violate the law. Contact us today to hear how we can help.
How Does the Family Medical Leave Act (FMLA) Protect Employees in Colorado?
The Family Medical Leave Act (FMLA) is a federal law that gives eligible employees the right to take unpaid, job-protected leave for specific medical and family reasons. The statute may allow you to take up to 12 weeks of leave in a 12-month period for:
- Your own serious health condition
- Caring for a spouse, child, or parent
- The birth or adoption of a child
The 12 weeks are not required to be consecutive, so you are permitted to take the 12 weeks off in blocks. During FMLA leave, your employer must maintain your group health benefits under the same terms as if you were working. When you return, you are generally entitled to be restored to the same or equivalent position. In addition, you are protected against retaliation, so your employer cannot take adverse action against you for requesting time off.
Do I Qualify for FMLA Leave in Fort Collins?
Not every employee automatically qualifies for FMLA protection. To be eligible, you must work for a covered employer, which usually means a private employer with at least 50 employees within a 75-mile radius or a public agency. Also, you must have worked for the company for at least 12 months and logged at least 1,250 hours during the previous 12 months. Understanding these requirements can be complex and often requires a review of employment records to determine eligibility.
The underlying reason for your leave must meet FMLA standards, such as a serious health condition that prevents you from performing essential job duties or the need to care for a qualifying family member. There are also provisions that apply to members of the military.
Steps to Take if Your Employer Violates FMLA
Companies in Fort Collins may violate FMLA by:
- Denying a valid request for FMLA leave
- Discouraging an employee from applying
- Retaliating after a request for FMLA
If you believe your employer engaged in unlawful conduct, you should act promptly by collecting evidence. Start by documenting all communications, including emails, text messages, and written policies. Keep copies of medical certifications and any leave requests you submitted. Review your employee handbook to confirm your company’s FMLA procedures.
When documents reveal interference, denial, or retaliation, you may have grounds to file a complaint with the U.S. Department of Labor – Wage and Hour Division, which enforces FMLA. In some cases, it may be appropriate to sue in court. There are deadlines to note with these options, and missing them could harm your rights.
What are the Remedies for Employer Violations of FMLA?
When your employer engages in unlawful acts under FMLA, several remedies may be available
Employees can seek:
- Reinstatement to their former position
- Recovery of lost wages and benefits
- Payment of other financial losses caused by the violation
In some cases, courts may award liquidated damages equal to lost wages, as well as attorneys’ fees and costs. Legal representation can make a significant difference in building a strong claim. Fort Collins Family Medical Leave Act attorneys gather evidence, calculate damages, negotiate with employers, and, if necessary, file a lawsuit in federal court. Their goal is to enforce your statutory rights and hold employers accountable for unlawful interference or retaliation.
FAQs About the Family Medical Leave Act
Do you get paid while on leave under FMLA?
FMLA leave is generally unpaid under federal law, though some employees may receive short-term disability benefits depending on their circumstances. However, Colorado Family and Medical Leave Insurance (FAMLI) is a state-run program that provides some workers with up to 12 weeks of paid, job-protected leave for qualifying personal or family health situations
Can I use FMLA instead of sick leave?
FMLA does not replace sick leave, but it can run at the same time. If you have a qualifying serious health condition, your employer may require you to use accrued paid sick leave concurrently with FMLA so that your leave is paid while still protected.
What if my employer denies FMLA leave?
If your employer denies FMLA leave and you believe you qualify, request a written explanation and review your eligibility requirements. You may file a complaint with the DOL regarding the interference or retaliation that occurred.
Can I be fired when on FMLA leave?
You cannot be fired for taking protected FMLA leave. However, you may still be terminated for legitimate, non-discriminatory reasons unrelated to your leave, such as company-wide layoffs or documented misconduct. Employers cannot use FMLA leave as a negative factor in employment decisions.
Speak to a Fort Collins Family Medical Leave Act Attorney for Details
While you do have rights under FMLA, you might feel overwhelmed about addressing them while being burdened by illness. When your job, income, and health benefits are at stake, experienced legal guidance can make a meaningful difference.
HKM Employment Attorneys, LLP, is committed to advancing the interests of employees who need time off to handle personal, health-related matters. We can evaluate your eligibility and gather evidence to support your request for leave, and our team is ready to pursue remedies for interference or retaliation. To learn more about your rights, please call 970-698-8502. We are happy to schedule a free consultation with a Colorado Family Medical Leave Act lawyer who can advise you.
