New Orleans FMLA Attorney

Phone: 504-322-1272

Under the terms of the Family and Medical Leave Act (FMLA) of 1993, employees that fit certain qualifications are able to take leave in order to tend to personal and family matters. Unfortunately, some employers look down upon employees that take FMLA, even though it is their right.

If your rights to FMLA benefits have been violated, turn to experienced employee rights lawyer James Arruebarrena . Since 1993, Mr. Arruebarrena has garnered a reputation for vigorous and skilled defense of his clients' rights.

It is important that you submit all questions about and requests for FMLA in writing. Also, keep copies of these communications in a place that you can easily access them, such as at home.

Some of your rights under FMLA include:

  • Twelve (12) workweeks of leave per twelve (12) months for various reasons such as
  • Caring for the birth, adoption, or foster care placement issues
  • Caring for a sick child, spouse or parent
  • Being physically unable to perform one's job
  • Restoration to the same position upon return to work. If the same position is unavailable, the employer must provide the worker with a position that is substantially equal in pay, benefits, and responsibility.
  • Protection of employee benefits even while on leave. An employee is entitled to reinstatement of all benefits to which the employee was entitled before going on leave.
  • Protection of the employee to not have their rights under the Act interfered with or denied by an employer.
  • Protection of the employee from retaliation by an employer for exercising rights under the Act.

Who Qualifies for FMLA?

  • An FMLA-eligible employee possesses several qualifications, such as:
  • An employee who has been employed by an employer with respect to whom leave is requested
  • An employee who has been employed by an employer for at least 1,250 hours of service with such employer during the previous 12-month period
  • An employee who has been employed at a worksite where an employer employs more than 50 employees (or employs less than 50 employees within 75 miles of that worksite)

There are other qualifications that must be met in order for you to receive FMLA. It is important to not only understand these qualifications, but ensure the proper documentation of your qualifications for your employer. Termination of your employment due to maternity leave, leave of absence, or pregnancy discrimination is illegal and should not be tolerated.

Contact an FMLA lawyer at our office today by calling us at 504-322-1272 , e-mailing us, or filling out our employment law intake form on our Contact Us page. If your employer unlawfully made you suffer; let us help you make them pay.