Federal and State Family Medical Leave Act Violations Attorney in Connecticut and New York
Under federal and/or Connecticut law, employers are required to provide employees with medical leave of a certain duration to care for themselves or a family member when experiencing a serious health condition and to ensure that those employees who take a leave are returned to their positions or a substantially similar one upon their return. Both the federal and Connecticut Family Medical Leave Act are complicated statutes that employers frequently misinterpret. Employers may misapprehend what serious conditions are covered by both Acts. Employers may also misapprehend which family members are covered by both Acts (it includes those who are not blood relations but stood in the position of a parent to the employee). It should be noted that the leaves provided for by the Acts are limited to 3-4 months in duration and problems frequently arise if an employee or a family member does not recover from a serious health condition within that period of time. For an employee, a serious health condition might morph into a disability covered by the American Disabilities Act or parallel Connecticut statutes. If the family member’s serious health condition morphs into a disability requiring an employee to seek additional leaves after he or she has exhausted leaves permitted under the Acts, then an employer’s failure to accommodate such requests might give rise to a disability claim too.
Under Connecticut’s Family Medical Leave Act, an employee’s leave is most often compensated. Since the compensation is financed through an employee’s payroll deductions, it is rarely a subject of litigation. Nonetheless, the compensation aspect to CT’s Family Medical Leave Act is relatively new and some employers may still be unaware of its requirements.
Note that an employer is not allowed to retaliate against you for taking a medical leave covered by either the federal or Connecticut Family Medical Leave Act. If you feel that your employer is mistreating you upon your return to work after caring for yourself or a family member, then your employer may be violating the law.
If your employer has refused your request for a leave based on a serious health condition of yours or your family member or is mistreating you upon your return to work after a medical leave, you should contact Edgar Law LLC immediately in order to preserve the value of your claim.