Morgantown Family & Medical Leave Lawyer

What is The Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act (FMLA) is a federal law that permits certain employees to take unpaid leave for family and medical reasons. While simple and straightforward in theory, this law is a highly litigated area of the law. Even a seemingly insignificant fact can mean the difference between fair treatment and ineligibility for FMLA protections. The Moore Law Firm, PLLC, has experience litigating FMLA cases with successful results. We highly recommend that you contact an experienced Morgantown FMLA attorney to discuss your eligibility and potential for recovery.

Call (304) 521-2451 now or contact The Moore Law Firm, PLLC online to schedule your consultation about your FMLA case.

Am I Eligible for FMLA Protection?

Certain requirements must be met for an employee to receive protections under the FMLA.

The FMLA generally applies if the following elements are satisfied:

• The employee must have been employed for 12 months (not necessarily in a row)
• The employee must have worked at least 1,250 hours during the 12 months prior to the FMLA leave
• The employee must have worked at a site with at least 50 or more employees within a 75-mile radius

Like most employment law claims, there are exceptions. Even if the previous three elements are not satisfied, an employee may still receive protections under the FMLA. Courts recognize that if an employer informs an employee that they are covered under the FMLA and the employee detrimentally relies upon that representation, the employer cannot thereafter dispute the employee’s eligibility.

An eligible employee can take FMLA leave for the following reasons:

• Birth of a child
• Placement of a child with the employee for adoption or foster care
• A serious health condition that prevents the employee from performing essential functions of the job
• Care for a spouse, son, daughter, or parent for a serious health condition
• “Qualifying exigency” arising from deployment to a foreign county
• Care for an injured or ill family member in the armed forces

What Protections Are Available under the FMLA?

The FMLA provides that an eligible employee is entitled to 12 weeks of unpaid leave. In addition, an employee is guaranteed restoration to his or her former position upon return to work. If the position is not available, then the employee must be restored to a similar position.

Two separate claims are available under the FMLA:

• FMLA Interference: This arises when a covered employer interferes, restrains, or denies the employee FMLA rights. Commonly, FMLA Interference takes the form of an employer’s denial of an employee’s request for FMLA leave. However, it can also include situations where an employer takes an employee’s leave into consideration in evaluating his or her work performance.
• FMLA Retaliation: Retaliation can take many forms and includes termination, discipline, and using FMLA leave as a negative factor in evaluations.

A successful employee can recover a host of damages, including:

• Reinstatement
• Lost wages and benefits
• Liquidated damages
• Costs and attorney fees

If you have questions about the FMLA or have been treated unfairly for requesting or taking FMLA leave, contact The Moore Law Firm, PLLC to discuss your situation.

Your Morgantown Resource for FMLA Support

In Morgantown, navigating the complexities of the Family and Medical Leave Act (FMLA) can be particularly challenging, especially for employees working in local industries such as education, healthcare, and manufacturing. With the West Virginia Division of Labor overseeing employment regulations, it’s crucial to understand your rights and protections under the FMLA. Local resources, including the Morgantown Chamber of Commerce, can provide valuable information about workplace rights and employer responsibilities.

Many Morgantown residents face unique challenges when it comes to taking leave for family or medical reasons. Whether it’s the birth of a child, caring for a sick family member, or dealing with personal health issues, the fear of job loss or retaliation can be overwhelming. Local employers may not always be fully aware of their obligations under the FMLA, leading to potential misunderstandings and conflicts. This is where having a knowledgeable Morgantown FMLA attorney can make a significant difference.

Additionally, the local community is home to various support groups and healthcare facilities that can assist you during your time of need. Understanding how to balance your work obligations with family responsibilities is essential, and we are here to help you navigate these waters. If you believe your FMLA rights have been violated, don’t hesitate to reach out for assistance. Our team is committed to ensuring that Morgantown employees receive the protections they deserve under the FMLA.

For more information on your rights and to discuss your specific situation, contact The Moore Law Firm, PLLC today. We are here to support you in Morgantown and the surrounding areas.

Call us now at (304) 521-2451. We assist clients across West Virginia.