What Damages Are Available In an FMLA Claim

Every qualifying employee is entitled to time off under the Family Medical Leave Act (FMLA) to deal with personal health issues or to care for a family member without fear of reprisal from an employer. Additionally, an employer who fails to adhere to FMLA guidelines is violating federal law.

If you qualify for FMLA leave and your employer is asking you to consider not taking the leave, asking for more notification than you can provide or is threatening your job because you are asking for the time off, then you might be able to file an FMLA claim. You should speak with an employment lawyer immediately to find out what damages are available to you under the FMLA guidelines.

Financial Damages

In some cases an employee must go to court to have his or her job reinstated or to fight back against retaliation for taking FMLA leave. When you have to go to those lengths, you could be entitled to financial damages including lost wages, lost benefits such as health care and healthcare spending accounts, attorney fees and associated costs, and emotional distress from the experience.

Working with an employment attorney will help determine what remedies and damages are available to you, and in turn your attorney will be able to help you obtain the maximum financial damages possible.

Other Damages

In addition to the financial damages that might be possible in your FMLA claim, you can also seek reinstatement of your position if you lose your job for requesting FMLA leave. You can also obtain the leave you initially requested if your request was wrongfully denied.

If retaliation is an issue in your situation, then your attorney will be able to help determine the best course of action. If you believe you lost your job because you requested FMLA leave, or if you return to work and find that your job has been modified as a result of being gone, then you are entitled to have your job reinstated to its original status prior to taking FMLA leave.

How an Employment Lawyer Can Help

If you believe that you have been wrongfully denied FMLA leave, or if your job has changed as a result of taking the leave, then you should contact an employment attorney to determine the next steps that should be taken. An employment attorney can take you through the steps needed to recoup any losses you have suffered, and you will have peace of mind knowing that you have an expert working on your case.

In most cases, employment lawyers will take your case without requesting fees up front, and you will only pay if you win your claim against your employer. That means there’s little risk in hiring an attorney, and you can instead focus on getting the time off you are entitled to while also keeping your job. Complete the Free Case Evaluation today to get your case looked over by an attorney that takes cases in your area today!

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