Indianapolis Lawyer Helping Workers Protect FMLA Rights
Balancing work and family life is not easy—especially if you or a loved one are suffering from a serious health condition. If this happens, you may need to take time off of work in order to recover from your illness or care for your loved one. The Family and Medical Leave Act (FMLA) was created to benefit workers who are in this unfortunate situation. Under this law, eligible workers are entitled to unpaid, job-protected leave to care for their loved ones or themselves.
Sadly, many employers choose to make a difficult situation even harder by violating workers’ rights to FMLA leave. Don’t let your employer get away with FMLA violations—fight back with the help of the attorneys at Beeman Heifner Benge P.A.
Who is Eligible For A FMLA Leave In Indianapolis?
It’s important to understand whether or not you are eligible for FMLA leave. FMLA covers employees of private employers with at least 50 employees, government agencies, or elementary and secondary schools. Employees that work for other employers are not covered by the FMLA.
There are other eligibility requirements that you must meet. You must have worked for a covered employer for at least 12 months, but not necessarily 12 consecutive months. You may still be covered even if there are breaks in employment as long as you have been employed with the employer for 12 months total. You must also have worked for the employer for at least 1250 hours in the 12 months before taking a leave of absence. If you meet these requirements, you are eligible for FMLA leave.
What Are My Rights While On FMLA Leave?
Eligible employees have a number of rights under FMLA, including the right to:
- Take up to 12 weeks of unpaid, job-protected leave.
- Receive continued coverage on the employer’s health insurance plan while on leave.
- Return to the same job, or one that is identical, when the leave is over.
- Take FMLA leave without fear of retribution
Employers must respect their employees’ FMLA rights. If your rights have been violated, you need to take action to hold your employer accountable. The FMLA lawyers at Beeman Heifner Benge P.A. can stand by your side and fight for the compensation you deserve.
What Should I Do If My FMLA Rights Are Violated?
There are two ways for you to take legal action against your employer for violating your FMLA rights. The first involves filing a claim with the Department of Labor (DOL) Wage and Hour Division. This federal agency is responsible for enforcing federal labor laws, including FMLA.
The second option is hiring an attorney and filing a lawsuit against your employer in court. This option often leads to more favorable outcomes. This is because the DOL handles countless cases for employees across the country, so they may not have the time or resources to devote to your complaint. However, the FMLA rights attorneys at Beeman Heifner Benge P.A. will work closely with you throughout the legal proceedings to ensure they reach a positive outcome in your case. Our team’s main priority is protecting your best interests.
Regardless of which option you choose, you must take action within two years from the date the violation occurred. This means you must either file a complaint with the DOL’s Wage and Hour Division or file a lawsuit in court within two years from the date your FMLA rights were violated.
Am I Entitled to Compensation If My Employer Violates My FMLA Rights?
Employers that violate FMLA are breaking the law. If you can prove that your employer violated your FMLA rights, you are entitled to compensation for:
- Lost wages
- Lost employment benefits
- Other compensation that you were denied due to the violation of FMLA rights
- Expenses incurred due to the FMLA violation, such as the cost of hiring a caretaker for a sick family member
- Legal fees
Other types of relief may be available to victims. For example, if you lost your job as a result of the violation, the court can also order the employer to reinstate your employment.
Schedule A Consultation With Our FMLA Attorneys in Indianapolis
Have your FMLA rights been violated? If so, seek legal representation from the experienced FMLA attorneys at Beeman Heifner Benge P.A. Our attorneys are passionate about protecting the FMLA rights of workers in Indiana. We will work tirelessly to hold your employer accountable and aggressively seek compensation on your behalf. Schedule a consultation by calling 317-793-2015 or filling out the form on this website.