If you work for a company that employs more than 50 people, you should be eligible to earn time off from work for certain qualified reasons regarding health or family. Not everyone is automatically eligible, however, if you meet the requirements for taking time off under the Family and Medical Leave Act (FMLA), you should never be denied that time off or worry about losing your job or other forms of retaliation.
Unfortunately, too many employers fail to abide by the requirements under the FMLA and either wrongfully deny time off or retaliate against employees for exercising their rights to take leave. If you believe that your rights have been violated regarding family or medical leave, you should discuss your concerns with a Las Vegas FMLA lawyer as soon as possible.
Your Rights to Family and Medical Leave
Employers with at least 50 employees must recognize FMLA rights of eligible individuals. Eligibility requirements include working for the company for one year or more and working 1,250 hours or more the prior year. If you meet these criteria, you have the right to take leave for the following reasons.
- Recovery from a serious medical condition;
- To take care of a family member with a serious medical condition;
- Bonding with a new biological or adopted child;
- To care for a family member who was seriously injured on military active duty;
- To address qualifying exigencies stemming from a family member’s active duty service.
Up to 12 weeks of leave per year are available for any of the above reasons and can be taken all at once or in increments as needed for medical treatments or similar circumstances.
In addition, Nevada has a law that provides parents with the right to take off work for certain activities related to their child’s school or education. For each child, a parent can request up to four hours per year for the following:
- Parent-teacher conferences;
- Attendance at activities during the school day;
- Attendance at events sponsored by the school;
- Volunteering or other involvement at the school.
If you are eligible for leave and properly request it for a qualified reason, you should be granted the time from work with the right to be reinstated in your previous position – or an equivalent position – when you return.
Too often, however, employers may refuse to allow employees to take leave at all even if they meet all the requirements. If leave is granted, some employers fail to hold an equivalent job for the employee and retaliate against them by lowering their pay, giving them a less desirable job assignment, subjecting them to discipline or harassment, or even terminating them. In these situations, the affected employee has the right to take legal action to seek damages for lost income, emotional distress, and other losses.
Contact a Las Vegas FMLA Attorney For a Consultation
At HKM Employment Attorneys in Las Vegas, we regularly handle employment disputes regarding family and medical leave. If you would like to learn more about how we can help you, please contact our skilled FMLA lawyers online or call today.