You have just been in an accident. Maybe you were at fault, or maybe it was another party. Either way, it’s a stressful situation. You’re
Under state and federal law, North Carolina employers must treat their workers fairly regardless of age, gender, race, disability, or national origin. Contact a lawyer today if you suspect that your employer has violated these laws.
The lawyers at The Law Offices of Jason E. Taylor protect the rights of employees against violations of federal and state anti-discrimination and harassment laws and employment agreements. We understand the complex laws that govern these areas, and we will aggressively pursue your case to get you the best possible outcome. Contact us today to schedule a consultation and learn more about how we can help you!
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What is the Difference Between the Family Medical Leave Act vs. Americans with Disabilities Act?
The Family Medical Leave Act (FMLA) is a federal law that provides employees with up to 12 weeks of unpaid, job-protected leave per year for certain medical and family reasons.
The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities in all areas of public life, including employment, education, transportation, and more.
Can I Take FMLA Leave in Concord, North Carolina?
Yes, you can take FMLA leave in Concord, North Carolina. However, you must meet certain eligibility requirements to do so. For example, you must have worked for your employer for at least 12 months and have a minimum of 1250 hours during that time.
Additionally, your employer must have at least 50 employees who work within 75 miles of your worksite. You can take up to 12 weeks of unpaid leave per year for certain medical and family reasons such as:
- Pregnancy or adoption.
- Fostering a child.
- Serious illness requiring treatment.
- Caring for a family member with an injury or serious health condition.
- Supporting a family member deployed with the National Guard and Reserve Personnel.
It is important to note that employers require employees to supply proof of their situation to take leave. Employees can use a U.S. Department of Labor form to certify their condition. Your employer must give you at least 15 days to complete this process.
What Protections Does FMLA Give Workers in Concord, North Carolina?
The FMLA provides workers in Concord, North Carolina, with several important protections. For example, it guarantees that your job (or an equivalent position) will be waiting for you when you return from leave. It prohibits your employer from retaliating against you for taking leave.
Additionally, the FMLA provides certain rights to employees who need to take leave due to a serious health condition. These rights include the right to continue receiving health insurance coverage, the right to use accrued paid leave, and the right to take unpaid leave.
What Counts as an FMLA Retaliation in Concord, North Carolina?
It is illegal for your employer to retaliate against you for taking FMLA leave. This means that your employer cannot fire you, demote you, or otherwise punish you for taking leave.
Retaliation can include the following actions:
- Denying leave without explanation or effort.
- Assuming an employee can’t return to work.
- Encouraging employees to work while injured.
- Refusal to consider alternative accommodations.
- Discontinuation of protected benefits (like insurance).
- Willfully adjusting conditions of employment to avoid granting FMLA leave.
Can I Take ADA Leave in Concord, North Carolina?
Yes, you can take ADA leave in Concord, North Carolina. A leave of absence from work is a form of accommodation under the ADA and can be an option for employees who aren’t 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.
What Are My Rights Under the ADA?
If you have a disability, you have the right to request reasonable accommodations from your employer. This could include things like a modified work schedule or access to assistive technology. Your employer must provide you with reasonable accommodations unless doing so would create an undue hardship for their business.
What are some Reasonable Accommodations that Might be Provided Under the ADA
Some reasonable accommodations that might be provided under the ADA include:
- making workspaces accessible for employees with disabilities
- providing assistive technology or other equipment
- modifying work hours or shifts
- allowing telecommuting or working from home
- providing transportation assistance and more.
If you need an accommodation to perform your job, you should talk to your employer about what accommodations might be possible. Remember, your employer is not required to provide you with the accommodation you want, but they must work with you to find a reasonable accommodation that meets your needs.
What Counts as an ADA Violation in Concord, North Carolina?
Many actions can count as ADA violations. For example, if you are qualified for a job but are not hired because of your disability, this would be a violation. Additionally, if you are terminated from your job because of your disability, this would also be a violation.
What Should I Do If My Employer Punishes Me for Taking FMLA or ADA Leave?
If you think that you have been retaliated against for taking FMLA or ADA leave, you should talk to an experienced employment law attorney. An attorney can help you understand your rights and options. If necessary, they can also help you file a complaint with the appropriate government agency or file a lawsuit against your employer.
Other Employment Law Cases We Handle
At the Law Offices of Jason E. Taylor, we also handle other types of employment law cases, including:
- Wrongful discharge
- Sexual harassment
- Fair Labor Standards Act Claims (wage, hour, and unpaid overtime disputes)
Contact our FMLA and ADA Lawyers in Concord, North Carolina
If you suspect your employer violated your FMLA or ADA rights, our skilled Concord 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 NC lawyers for a consultation. Please get in touch with us to schedule a meeting to discuss your situation.