FMLA & Other Leave Entitlement
Family & Medical Leave Act Violations
Several state and federal laws protect employees who need time away from work. While there is generally no legal right to take vacation, personal time off, or even sick time, the law does protect employees who need to be away for other reasons.
The Family and Medical Leave Act (FMLA) provides 12 weeks of unpaid leave to employees of larger companies who need to be away from work because of (a) their own serious health condition or that of their spouse, child, or parent, (b) the birth or adoption of a child, or (c) certain reasons associated with a spouse’s, child’s, or parent’s military service. To be eligible employees must have worked for their employer for over a year before needing leave. This leave can be taken continuously or intermittently if the employee is able to work off and on.
The Americans with Disabilities Act requires employers to provide leave as an accommodation in many situations where such leave will allow the employee to later perform the essential functions of their job.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects employees who need to miss work because of their service in the army, navy, air force, marine corps, coast guard, national guard, reserve components, and other uniformed services, including a period of time to rest and recuperate after a deployment.
North Carolina gives employees the right to limited time away from work for National Guard service, or to participate in their children’s school activities, or to obtain a protective order in domestic violence situations.
If your employer has denied you leave when you believe you had the right to time away from work, or if you have faced retaliation for taking this type of time away from the job, contact our FMLA attorneys at 704.940.6399 or 864.516.7526 or email us.
For more information on these different types of retaliation visit our pages below:
