Advising Employers and Employees on the Family & Medical Leave Act
Has your employer made up reasons to fire or demote you after you asserted your family and medical leave rights? Perhaps they "restructured" or initiated major lay-offs that included you while you are taking time off to care for your newborn, your newly adopted child or a medical need (yours or your parents', for example — including mental health needs). Or have you experienced apparent gender discrimination when you as a father attempted to take a family or medical leave?
Rhode Island employees facing FMLA disputes receive sound advice and zealous advocacy from attorneys of ROBINSON & CLAPHAM in Providence. Our lawyers welcome inquiries from employees before, during or after family or medical leave.
Nearly all employers, and most employees as well, are familiar with the Family Medical Leave Act (FMLA). The U.S. Department of Labor summarizes the provisions of FMLA as follows:
The Family and Medical Leave Act (FMLA) provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1) birth and care of the eligible employee's child, or placement for adoption or foster care of a child with the employee; 2) care of an immediate family member (spouse, child, parent) who has a serious health condition; or 3) care of the employee's own serious health condition. It also requires that employee's group health benefits be maintained during the leave.
This is the federal statute for family and medical leaves from employment. Rhode Island has its own "Rhode Island Parental and Family Medical Leave Act," which provides up to 13 weeks of unpaid leave over a two-year period for similar circumstances.
Rhode Island employees who attempt to take family and medical leaves under the federal or Rhode Island statutes usually find cooperation from their employers. Others encounter resistance or retaliation. The "sandwich generation," caring for both children and parents, often find themselves in difficult positions with their employers when they must be away from work to take care of family or medical business.
Contact ROBINSON & CLAPHAM · Employment Law Attorneys
Contact our Providence law office to schedule a consultation with an experienced employment law attorney regarding any FMLA dispute or question. We are available evenings and weekends by appointment. Our clients include employers as well as employees.
