The Family Medical Leave Act, or FMLA, is a federal law that entitles eligible employees to take unpaid, job-protected leave for specific medical, family and emergency reasons. Under this federal law, it is unlawful for an employer to penalize an employee for taking FMLA leave by discharging, demoting or discriminating against the worker.
At Ciancio Ciancio Brown, P.C., our highly knowledgeable Denver family medical leave act attorneys can custom-tailor a legal solution for your unique needs as either an employee or employer in Colorado who is dealing with a legal dispute regarding the FMLA. Call us at (303) 451-0300 today to find out how we can help you.
What Is the Family Medical Leave Act?
The Family Medical Leave Act makes it a legal requirement for covered employers to give eligible employers 12 weeks of unpaid time off for serious medical or family emergencies. Generally, this law applies to all private employers with at least 50 employees. Its purpose is to allow employees to take time off work for medically necessary reasons without the risk of coming back to no job.
Under the terms of the FMLA, covered employers are required to provide 12 workweeks of unpaid, job-protected leave per 12 months to employees for certain reasons. These reasons include:
A serious health or medical condition
The need to care for an immediate family member with a serious health condition
The birth of a new child
The introduction of an adopted or foster child into the family
Issues connected to military deployment
In addition to the 12 weeks per year of unpaid medical and family leave, a covered employee also has the right to retain group health benefits. Employers in Colorado must abide by the rules of similar state laws that protect employees from being fired or retaliated against for approved reasons to leave, such as parent-teacher conferences, other meetings related to the education of a child and issues related to domestic violence.
What Is Family Medical Leave Act Retaliation?
If an employer takes adverse employment action against an employee who was within his or her rights to take family or medical leave in Colorado, this is known as retaliation. Examples of retaliation include:
Wrongful job termination
A reduction in pay
An undesirable schedule
Exclusion from new projects
Deprivation of job benefits
These are unlawful employment actions if they are taken in direct response to an employee taking approved family or medical leave under the FMLA.
How to Protect Yourself as an Employee or Employer in Colorado
The Family Medical Leave Act is something that you need to be familiar with as an employee or employer in Colorado. If you believe an employer is unlawfully retaliating against you for using your FMLA rights, contact a Denver employment law attorney at Ciancio Ciancio Brown, P.C. for legal assistance pursuing a claim or lawsuit against the company. We can also represent you as an employer who is facing a lawsuit for an alleged violation of the FMLA, including a retaliation claim. Our experienced business litigation lawyers can help you from either side of a case.
Contact a Denver Family Medical Leave Act Attorney Today
If you wish to know more about your rights under the Family Medical Leave Act or similar Colorado laws, consult with our Denver family medical leave act lawyers at Ciancio Ciancio Brown, P.C. for counsel as an employee or employer. If you are in the midst of a legal dispute regarding the FMLA, we can provide top-tier representation and advocacy catered to this specific type of claim. Our attorneys have been representing clients in Colorado for decades. We understand exactly how the FMLA works and how to protect the interests of clients on both sides.
Call (303) 451-0300 or contact us online to request a consultation with one of our Family Medical Leave Act attorneys in Denver today. We will perform an in-depth analysis of your case and answer your legal questions.