Family and Medical Leave
Family and Medical Leave Act (FMLA)
At some point, in almost every employees life, a medical issue will arise that requires the employee to take medical leave for their own health condition, or the health condition of a close family member (such as mother, father, spouse or child). Fortunately, the laws of our nation provide job protected medical leave to many of the employees in the states of Kansas and Missouri, and the Kansas City metropolitan area. That medical leave is known by most as Family and Medical Leave or FMLA. The laws surrounding the FMLA can be complicated and confusing, but fortunately, they in fact are very employee friendly.
There are many circumstances that entitle employees to a legal right to take medical leave. Sometimes employers do not follow these laws or even take action against employees for exercising their right to take leave. In any case, the laws around medical leave are very complex. We take pride in clearly explaining and navigating the often foggy landscape of employee medical leave. We help our clients understand their right to take leave under the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) to help preserve their employment or if necessary pursue legal claims in court after an illegal termination. Contact Koc Law LLC in Kansas City, Missouri to discuss your medical leave rights.
Eligibility to Take Leave Under The FMLA and Notice of Rights
If you work for an employer who has at least 50 employees within a fifty mile radius of you and you have both worked for at least one calendar year for that employer and worked at least 1280 hours in the last year, if you suffer a serious health condition, or need to care for a loved one with a serious health condition, or need to take leave related to the birth or adoption of a child, generally speaking, you are eligible for job protected medical leave under the FMLA.
You do not need to mention the FMLA by name, an employer has to provide you FMLA benefits if you meet the above qualifications and all you do is inform your employer of facts that indicate you or your loved one has a serious health condition. After that, your employer should give you certain notices about your rights to take leave.
What Constitutes a violation of the FMLA
FMLA violations occur in two ways, interference with an individual’s right to take FMLA and retaliation against a person for taking FMLA leave. Because oftentimes FMLA involves a mother taking leave for a child, a violation of the FMLA can also indicate that gender discrimination is at play. Similarly, because FMLA leave typically involves serious or ongoing illnesses, a violation of the FMLA can also indicate disability discrimination is at play.
Rights for Employees Who Need Medical Leave
The United States Department of Labor establishes certain rights for certain employees who need FMLA leave:
Job Protected Leave
Except for limited circumstances, you will have the right to take leave as needed for the qualifying reason, either in the form of continuous leave, or intermittent, without risk of losing your job for absenteeism and reduced job output.
Reinstatement
A person who takes a leave and does not need more than the 12 weeks allowed by the FMLA is entitled to reinstatement to their former position. This includes, in general the same terms and conditions as you worked prior to taking leave.
Free from retaliation
A person who asks for leave that qualifies for FMLA, or complains about or is associated with a person who complains about disability discrimination, cannot be retaliated against.
What Should Employers in Kansas or Missouri Do to Prevent Wrongful Termination?
Employers should be proactive to prevent their company or business from engaging in wrongful termination. The consequences of a successful wrongful termination claim can be dire for the company. So, by being proactive, a business can prevent future litigation, fines, and penalties.
Clarity
Employers should always be clear regarding what is expected of an employee. When an employee fails to follow through with clearly laid-out expectations, and the employer keeps track of this failure, it goes a long way to protect the employer from charges of wrongful termination should they terminate the employee.
Clarity
Employers should always be clear regarding what is expected of an employee. When an employee fails to follow through with clearly laid-out expectations, and the employer keeps track of this failure, it goes a long way to protect the employer from charges of wrongful termination should they terminate the employee.
Clarity
Employers should always be clear regarding what is expected of an employee. When an employee fails to follow through with clearly laid-out expectations, and the employer keeps track of this failure, it goes a long way to protect the employer from charges of wrongful termination should they terminate the employee.
Clarity
Employers should always be clear regarding what is expected of an employee. When an employee fails to follow through with clearly laid-out expectations, and the employer keeps track of this failure, it goes a long way to protect the employer from charges of wrongful termination should they terminate the employee.
What Should Employees in Kansas or Missouri Do if Wrongfully Terminated?
Employees who believe they have been wrongfully terminated should take immediate action. Time is of the essence because in these types of cases, you usually have to file an administrative complaint first before a lawsuit, and the former process is very different than the latter process. Plus, the window to file an administrative complaint is a lot smaller than it is to file a lawsuit. Here are a few things you should do if you believe you have been wrongfully discharged from employment in Kansas or Missouri.
Be cautious
Employees who have been wrongfully terminated should be careful how they conduct themselves. A former employee should follow through with any requests of the employer to return company property or to leave the premises. Do not retaliate in any way by, for example, damaging company property – it will only reflect poorly on you and harm your chances of a fair and just remedy.
Get clarification
Employees who have been wrongfully terminated should be careful how they conduct themselves. A former employee should follow through with any requests of the employer to return company property or to leave the premises. Do not retaliate in any way by, for example, damaging company property – it will only reflect poorly on you and harm your chances of a fair and just remedy.
Document everything
Employees who have been wrongfully terminated should be careful how they conduct themselves. A former employee should follow through with any requests of the employer to return company property or to leave the premises. Do not retaliate in any way by, for example, damaging company property – it will only reflect poorly on you and harm your chances of a fair and just remedy.
Review everything
Employees who have been wrongfully terminated should be careful how they conduct themselves. A former employee should follow through with any requests of the employer to return company property or to leave the premises. Do not retaliate in any way by, for example, damaging company property – it will only reflect poorly on you and harm your chances of a fair and just remedy.
Hire an employment law attorney
Employees who have been wrongfully terminated should be careful how they conduct themselves. A former employee should follow through with any requests of the employer to return company property or to leave the premises. Do not retaliate in any way by, for example, damaging company property – it will only reflect poorly on you and harm your chances of a fair and just remedy.
Remedies for Wrongful Termination
There are quite a few possible remedies available to a person who has been wrongfully discharged in Kansas or Missouri. Remedies will be dependent in part on whether you filed a complaint through federal or state agencies or through the court system. Here is an overview of the most common remedies.
Lost wages
From the time you were terminated to the time trial begins, you can seek compensation for lost wages. If you find a job during that time, compensation for lost wages will be reduced accordingly.
Injunctive relief
The court can order the employer to undertake certain acts, like reinstating you as an employee in your former position or requiring policy and procedure changes to prevent wrongful terminations in the future.
Out-of-pocket expenses
Out-of-pocket expenses include costs associated with things like medical care (e.g., therapy for harassment) or job search (e.g., fees associated with a headhunter).
Lost benefits
If you lost benefits – like paid time off, bonuses, retirement, and more – it can be compensated through economic damages.
Pain and Suffering
This type of compensation is known as non-economic and could include anything from mental anguish to a decrease in quality of life as a negative effect of the termination.
Lost future earnings
If you cannot find a position or one that pays you comparably, you can seek compensation for this loss of future earnings.
Attorneys' fees and costs
You can request reimbursement for attorneys' fees and court costs, and if you win, the court can order the employer to pay these costs.
Punitive damages
Punitive damages are designed to punish egregious or malicious behavior and to prevent the same from happening again. Not all states allow it, and most states cap the amount to be awarded. Speak to our employment lawyer at Koc Law LLC to know if you might be able to sue for punitive damages under your particular circumstances.
Koc Law LLC Is Here for You
At Koc Law LLC, we focus on Retaliation, Medical and Family Leave, Wage Law, and Disability Discrimination and we are here to listen to you and help you navigate the legal system.
