Virginia Termination While on Medical Leave Lawyer
You cannot always plan for life’s obstacles. If you or a family member become sick, you may need to take some time off work. Anticipating the occasional medical emergency, federal law allows employees the ability to take the leave they need in certain circumstances.
Unfortunately, some employees who take legally permissible medical leave are nonetheless terminated from their positions. If your employer fired you while you were on medical leave, you might be entitled to significant damages or job reinstatement.
The Virginia termination while on medical leave lawyers at our firm work with employees who were unfairly fired for taking a medical leave of absence from work. A well-versed wrongful termination attorney could fight alongside you to stand up for your rights.
Employee Rights Under the Family Medical Leave Act
The Family Medical Leave Act (FMLA) is the primary federal authority that employees rely on to take a medical leave of absence from work. The FMLA is applicable in all states including Virginia.
Among other reasons, the FMLA specifically allows employees who are unable to work because they are suffering from a severe medical condition to take up to 12 weeks of unpaid leave each year. However, this is generally not paid leave in Virginia.
Employers may not discriminate against an employee for asserting their rights under the FMLA. This means employers are prohibited from terminating an employee while they are on FMLA leave. Furthermore, when an employee returns from FMLA leave, they should be given the same position or a substantially similar one.
The FMLA may not protect employees who take medical leave that is longer than the allotted 12 weeks. Employees should avoid taking more than 12 weeks of leave to avoid being terminated for excessive absences.
Virginia Employee Eligibility
Virginia employees are generally protected by the FMLA as long as they meet the qualifications. To qualify, employees must establish that they have been working for their employer for a minimum of 1,250 hours within the last 12 months. They also must operate at a location with at least 50 employees within a 75-mile radius.
Provided that these conditions are met, an employee should be able to take medical leave without being terminated from their position. If you have questions about whether you qualify, a Virginia termination while on medical leave lawyer could review your circumstances to provide answers.
FMLA Protections for Maternity Leave
The FMLA extends protections to employees for the birth and care of a newborn child. Essentially, the FMLA authorizes a minimum unpaid maternity leave of 12 weeks. Leave for medical conditions associated with pregnancy should be the same as medical leave granted for other medical conditions.
Employers may have their internal policies that could give more time off for maternity leave. However, covered employers must always adhere to the FMLA guidelines at a minimum.
Contact a Virginia Termination while on Medical Leave Attorney
If you were terminated while you were on lawful medical leave, we might be able to help with a wrongful termination claim. To set up an initial consultation to review your case with us, contact our office today. Our skilled team Virginia termination while on medical leave lawyers have the knowledge and resources to help guide you through your situation. Call for a consultation today.