FAMILY & MEDICAL LEAVE

Las Vegas Family and Medical Leave Attorney

For almost 13 years, Gabroy | Messer​ has been handling employees’ claims for retaliation and interference with rights guaranteed by the Family and Medical Leave Act.

The Family and Medical Leave Act (FMLA) entitles an employee to twelve (12) work weeks of unpaid leave for an employee’s own serious health condition or to care for specified family members with serious health conditions.  FMLA leave may also be used for the birth of a child, to care for a newborn child, or because of the placement of an adopted or foster child with the employee.

FMLA is only available to employees who work for an employer that employs 50 or more employees for each working day during 20 or more calendar work weeks within a 75-mile radius.  The employee must also meet certain requirements, such as the employee must have been employed for at least 12 months when the date of leave begins and must have worked at least 1,250 hours during the last 12-month period immediately prior to taking leave.

The question of whether an employee or an employee’s qualifying family member is suffering a “serious health condition” is factually dependent. Upon being placed on notice, employers typically will require an employee to go through medical certification to have their FMLA approved.

Once FMLA is approved and FMLA is taken, an employee must be reinstated to the same or equivalent position unless an exception applies.  FMLA absences cannot be considered individually or with other events in an employee’s personnel file as a basis for any adverse action.

If you have questions or problems concerning your FMLA leave, call Gabroy | Messer for a consultation at 702-259-7777 or fill out the online request form.