Bethlehem FMLA Lawyers

Serving the Lehigh Valley, Pennsylvania Area

Under the federal Family and Medical Leave Act of 1993, also known as the FMLA, an employer with fifty or more employees must provide its employees with as many as twelve workweeks of unpaid leave in a twelve-month period for the following reasons:

  • Because of the birth of a son or daughter of the employee and in order to care for such son or daughter.
  • Because of the placement of a son or daughter with the employee for adoption or foster care.
  • In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition.
  • Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee.
  • Because of any qualifying exigency arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on covered active duty, or has been notified of an impending call or order to covered active duty, in the Armed Forces.

Additionally, an employee who must care for a member of the armed forces may be eligible for up to twenty-six workweeks of leave. For an employee to be eligible for FMLA leave, he or she must have worked for the employer for at least one year and must have worked at least 1,250 hours during the preceding twelve-month period.

An employee is entitled to retain his or her employment benefits, such as health insurance, while out on FMLA leave. When an individual comes back to work following leave, he or she is entitled to be restored to the same or equivalent position with equivalent benefits as he or she held prior to going out on leave.

Employers are prohibited from interfering with, restraining, or denying the exercise of or the attempt to exercise an employee’s rights under the FMLA. Likewise, employers are prohibited from retaliating against employees for complaining about an employer’s denial of an employee’s FMLA rights.

Further, if, after an employee has exhausted his FMLA leave for his own health condition and the condition has not resolved, the employee may be considered to have a disability. In that case, the Americans with Disabilities Act might prohibit the employer from discriminating against the employee on the basis of his disability. For more information on this topic, see our section on Disability Discrimination.

If you believe you have been denied your FMLA rights or have been discriminated against for pursuing your rights under the FMLA, call a employment discrimination attorney at Littner, Deschler & Littner immediately to discuss your case. We can assist you in understanding your rights and options and help you evaluate the strength of your case. Do not lose your right to bring a claim and get the relief you deserve. Schedule an appointment with Littner, Deschler & Littner today.