You just received a call confirming your success at the interview for the job you have wanted for a long time. The next thing on your mind is picking up your appointment letter and getting ready for your dream job. You are excited to start something new and increase your income. You may also be concerned about the time commitment involved with your new position and wonder if you will have enough time to spend with your family.
Days pass at work, and your fears start getting confirmed by your tight schedules and strict working conditions. Your desk mate had been there for the past four years and recently got fired only because he skipped three consecutive work days to take care of his sick son even though he called the workplace to inform them after the first day. You feel this is too harsh and unfair, and this feeling decreases your enthusiasm for your workplace.
This is what many people have experienced at one point or another in Kansas City – not being afforded any excuse to miss work beyond a full workday, regardless of the reason. This is due to non-compliance of employers with the Family and Medical Leave Act.
The Family and Medical Leave Act (FMLA) allows eligible employees up to 12 weeks of leave to tend to a serious medical condition of his or her own or of a family member.
In Kansas, some employers comply with the FMLA while others make FMLA issues a means to retaliate against their employees. Employers in Kansas retaliate against an employee in many different ways, including penalizing or firing the employee for taking time off of work.
As an eligible employee, the Family and Medical Leave Act provides you with up to 12 weeks of unpaid, job-protected leave per year. It also requires that your group health benefits be maintained during that leave.
Who is Eligible for FMLA?
For you to be eligible for FMLA, you have to fulfill the following criteria:
- You must have been employed with the company for 12 months.
- You must have worked at least 1,250 hours during the 12 months prior to the start of FMLA leave.
- Your employer must be one who employs 50 or more employees within a 75-mile radius of the worksite.
What Medical Conditions are Covered Under FMLA?
The FMLA divides serious health conditions for which FMLA leave may be taken into six categories:
- Inpatient care
- Incapacity for more than three days with continuing treatment by a healthcare provider
- Incapacity relating to pregnancy or prenatal care
- Chronic serious health conditions
- Permanent or long-term incapacity, and
- Certain conditions requiring multiple treatments.
Should You File a Lawsuit?
When FMLA applies, many employers follow the law and treat their employees fairly. There are some instances, however, in which an employer retaliates against an employee because of FMLA issues. In such situations, seeking advice from a lawyer is a smart idea.
Have Questions? Contact an Experienced Employment Attorney in Kansas City Today
If your employer failed to comply with the provisions of the FMLA, take legal action today and contact HKM Employment Attorneys. Our experienced and skilled employment attorneys in Kansas City are here to help.