St. Louis Family Medical Leave Act (FMLA) Lawyers

At Sedey Harper Westhoff, we understand that your job and family are critical aspects of your life. When life events require you to take time off work for personal or family health reasons, the Family Medical Leave Act (FMLA) provides vital protections. If your FMLA rights have been violated, our experienced St. Louis FMLA attorneys are here to help you navigate the legal process and protect your interests.

Call (314) 819-0963 or contact us online today to schedule an initial consultation.

What is FMLA?

The Family Medical Leave Act (FMLA) is a federal law that allows eligible employees to take unpaid, job-protected leave for specific family and medical reasons. Enacted in 1993, the FMLA was designed to balance the demands of the workplace with the needs of families, ensuring employees can take necessary time off without fear of losing their jobs. The law applies to employers with 50 or more employees within a 75-mile radius and provides up to 12 weeks of leave within a 12-month period.

Under the FMLA, employees can take leave for the following reasons:

• The birth, adoption, or foster care placement of a child.
• Caring for a spouse, child, or parent with a serious health condition.
• A serious health condition that makes the employee unable to perform essential job functions.
• Certain qualifying exigencies related to a family member’s military service.
• Up to 26 weeks to care for a covered servicemember with a serious injury or illness (Military Caregiver Leave).

How Does FMLA Work?

FMLA provides employees with up to 12 weeks of unpaid leave within a 12-month period while protecting their job and benefits. The law requires employers to:

• Maintain the employee’s health benefits during FMLA leave as if they were working.
• Restore the employee to the same or an equivalent position upon return.
• Avoid interfering with or retaliating against employees who exercise their FMLA rights.

Employees must provide their employers with sufficient notice when requesting FMLA leave. If the leave is foreseeable, such as for a planned surgery, employees are typically required to provide 30 days’ notice. For unforeseeable events, employees should inform their employer as soon as possible.

Employers may require certification from a healthcare provider to verify the need for leave. This certification must include specific details about the medical condition or family situation, but employers are prohibited from requesting additional unnecessary documentation.

Qualifications for FMLA Leave

To qualify for FMLA leave, employees must meet the following criteria:

1. Employment Duration: The employee must have worked for their employer for at least 12 months (not necessarily consecutive).
2. Hours Worked: The employee must have worked at least 1,250 hours during the 12 months prior to the start of FMLA leave.
3. Employer Size: The employer must have at least 50 employees within a 75-mile radius.

Additionally, the reasons for the leave must fall within the categories outlined by the FMLA. Not all medical conditions or family situations qualify for FMLA protections, so it’s important to consult with a knowledgeable St. Louis FMLA lawyer if you have questions about your eligibility.

Examples of FMLA Violations

Unfortunately, some employers fail to uphold their responsibilities under the FMLA, leading to violations of employees’ rights. Common examples of FMLA violations include:

• Denial of FMLA Leave: An employer wrongfully denies an eligible employee’s request for FMLA leave.
• Failure to Restore Position: An employer refuses to reinstate an employee to their original or equivalent position after their leave.
• Retaliation: An employer demotes, disciplines, or terminates an employee for taking FMLA leave.
• Interference: An employer obstructs or discourages an employee from exercising their FMLA rights.
• Misclassification: An employer improperly classifies a condition or situation as ineligible for FMLA protections.

If you believe your employer has violated your FMLA rights, contact Sedey Harper Westhoff for a consultation. Our experienced attorneys can evaluate your situation and help you pursue justice.

How Our Firm Can Help

Navigating the complexities of FMLA can be challenging, especially when facing employer resistance or retaliation. At Sedey Harper Westhoff, we are committed to standing by your side and ensuring your rights are protected. Our attorneys can:

• Evaluate Your Case: We will carefully review the details of your situation to determine if an FMLA violation has occurred.
• Advocate on Your Behalf: We will communicate with your employer and negotiate to resolve disputes effectively.
• File Legal Action: If necessary, we will represent you in court to seek compensation for damages, including lost wages, emotional distress, and attorney’s fees.

With decades of experience in employment law, our team is well-equipped to handle even the most complex FMLA cases. We are passionate about helping employees in St. Louis and surrounding areas achieve fair outcomes and move forward with confidence.

Contact our office at (314) 819-0963 for your legal needs.