Counseling our clients to make informed decisions

At Midwest Legal Partners, PLLC, we understand that many employers do not appreciate the complexities of the Family Medical Leave Act (FMLA) and the issues that can frequently arise in the workplace.

Without proper counsel, an employer can face costly FMLA claims and litigation.

We counsel our clients to make informed decisions and defend them against the consequences of violating the FMLA.

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FMLA

The Family and Medical Leave Act (FMLA) is an employment law that provides employees protection when they take medical leave for themselves or medical leave to care for a family member, also known as family leave. The FMLA allows qualified employees of qualified employers to take a specific amount of time off from work during a specified period.

Employers should approach FMLA issues with special attention and caution because unlike discrimination and sexual harassment laws, the FMLA is more focused on whether an employer follows specific written guidelines.

Employers could face costly litigation if they lack experience and knowledge regarding complex employment laws, including the following:

Title VII of the Civil Rights Act of 1964

The Family and Medical Leave Act (FMLA)

The Equal Pay Act of 1963 (EPA)

Employee Retirement Income Security Act (ERISA)

Title I of the Americans with Disabilities Act of 1990 (ADA)

Employee Retirement Income Security Act (ERISA)

The Age Discrimination in Employment Act of 1967 (ADEA)

Occupational Safety and Health Administration Act (OSHA)

The Pregnancy Discrimination Act

Sections 501 and 505 of the Rehabilitation Act of 1963

The Genetic Information Nondiscrimination Act of 2008 (GINA)

Fair Labor Standards Act (FLSA)

Overview

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.

Important Questions to Consider:

1. Does your business have an experienced, trained, and skilled HR department?

2. Does your business have an employee handbook? If so, has it been reviewed or updated recently?

3. Does your business have specific policies and procedures in place to address workplace issues?

4. Does your business have periodic employment law training sessions?

5. Does your business wait to contact an attorney only if a lawsuit has been filed against it?

6. Has your business faced (and/or continues to face) damaging employment lawsuit(s)?

7. Do you or your business' managers know what discrimination, harassment, and other legally defined terms really mean?

8. Do you have employment agreements in place? If so, who drafts them?

9. What does your business do when it is faced with a workplace issue?

10. Does your business stay informed of changes in state and federal employment laws?

11. Who answers employment law questions within your business when they arise?



Did any of the questions above make you pause and think?

Contact us to discuss these questions in detail and possibly design an action plan.