In the United States, laws like the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) enable employees to take time off from work in the event of medical or family obligations. Some employers refuse to honor these laws and reject requests for leave or punish employees after returning from their absence. Taking FMLA leave to care for one’s health or a loved one’s health shouldn’t negatively affect your professional life.
If you or someone you care for is experiencing retaliation from an employer for invoking FMLA or ADA rights, we at the Law Offices of Jason E. Taylor, P.C., can help you. If you feel your employer responded unfairly to your use of FMLA or ADA protections, contact our office to learn about your rights and next steps. Legal representation can empower you to fight for damages like lost wages, pain and suffering, and attorney fees.
The Family and Medical Leave Act (FMLA) grants workers in the Charlotte area the right to take weeks or months away from work without punishment from their employers. FMLA covers public agencies such as local governments and public schools. It also extends to any private business with 50 or more employees within a 75-mile area. Employees with at least 12 months of tenure and 1,250 hours of work in the year before their leave can take advantage of FMLA. This act allows employees to take a leave of absence for medical and personal conditions like:
Employers will require employees to supply proof of their qualifying situation to take leave. Employees can use a U.S. Department of Labor form to certify the condition with a medical provider. Employers must give an employee at least 15 days to complete this process.
FMLA guarantees that employees, of qualified businesses in Charlotte, who take an extended leave of absence for an approved reason return to an equivalent position at the company. Many companies may strive to offer the employee their original job, but a similar position with equivalent terms might be appropriate if business needs change. A comparable job has identical pay, location, schedule, benefits, and conditions.
FMLA stops employers from retaliating against employees after a leave of absence because of medical or familial obligations. If it’s within the statute of limitations, you can sue to recover damages. Retaliation can include the following actions:
The ADA requires accommodations for Charlotte-based employees who have a mental or physical incapacity that qualifies as a disability under the ADA. A leave of absence or time away from work is a form of accommodation under the ADA and can be an option for employees who aren’t yet eligible for FMLA leave. This act applies to any workplace with 15 or more employees. Employers might accommodate workers’ conditions by offering a temporary leave or other on-site adjustments to enable employees to perform their essential duties.
Employers and employees often work together to decide on the conditions of an ADA leave in Charlotte. ADA requires employers to grant a reasonable amount of time off. The length of leave varies depending on the job, the severity of the disability, and the company’s financial position.
Meet with a doctor if you suspect you need time away from work to heal an injury or seek treatment. Employers may request documentation from medical professionals confirming the employee’s condition and recommending a recovery timeline. Make sure your doctor fills out the paperwork requested by your employer and turn the paperwork back in to your employer in a timely manner.
In most situations, ADA requires Charlotte employers to keep an employee’s job open during a leave. If an employer proves that leave would cause significant hardship to the business, the employer can offer other solutions in place of a leave of absence. These accommodations might include changes in duties, location, or equipment.
ADA also implores employers to grant unpaid leave without punishment when paid leave isn’t an option. For example, if company policy only allows paid leave after one year of employment, a new employee with a serious diagnosis can pursue unpaid leave. The ADA also bans employers from requiring complete recovery before allowing you to return to work. If you can perform your job functions, you can return to your role under ADA.
Under ADA, employers must offer reasonable accommodations to disabled employees. You can request time off to pursue medical care. You could also ask for environmental changes like ramps, special lighting, or translation services, modification of your job duties and other forms of accommodation. To ask your employer for help:
When writing your request, state that you have a disability. Any information you provide is private, and employers can’t ask for detailed medical information unless it’s directly related to the situation. If your employer denies the request, ADA requires the employer to work with you to find an alternative solution. This solution might mean changing your work conditions or offering you unpaid leave.
Under ADA, employers can’t retaliate against employees who require or request leave. The Equal Employment Opportunity Commission (EEOC) defines retaliation as any adverse action an employer takes toward an employee who uses ADA protections. While the EEOC doesn’t describe specific acts that qualify as retaliation, you may be able to seek damages from actions like:
If your employer punishes you for requesting or taking protected leave, first make a complaint in writing. You can turn this complaint into your company’s HR department. If you’re still employed, it helps if you stay in the job as long as possible. It’s often challenging to prove your claims if you quit.
Next, talk to FMLA attorneys. Statutes of limitations on these types of claims are shorter than many other lawsuits. You might have to file your lawsuit soon after your employer’s violations. If you think you have a claim, reach out to our offices immediately to schedule a free consultation. The EEOC requires you to report violations within 180 days before pursuing legal action.
At our office, we handle fees on a contingency basis. We only charge attorney fees if you receive payment from the court. Contact our Charlotte office to speak with a professional about an ADA violation.
If you suspect your employer violated your FMLA or ADA rights, our skilled Charlotte team at The Law Offices of Jason E. Taylor, P.C., is prepared to fight for you. We never charge upfront fees, and it’s free for you to meet with one of our ADA lawyers for a consultation. Please get in touch with us to schedule a meeting to discuss your situation.
To schedule a free consultation we kindly ask that you complete and submit our Case Evaluation Form at the link below. This will allow us to review the initial details of your case to advise on the best course of action.
301 S McDowell St #1016
Charlotte, NC 28204
(800) 351-3008
(800) 351-3008
Please fill out our Case Evaluation Form if you are interested in legal representation.
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