MEDICAL LEAVE RIGHTS LAWYER
You are a dedicated employee. You want to work. All you need is some time off to handle a medical issue. Your employer will not cooperate. What can you do when your employer ignores your medical leave rights you have under the Family and Medical Leave Act. You have strong rights to leave under the federal Family and Medical Leave Act of 1993, and the Connecticut Family and Medical Leave Act.
When you need medical leave in Connecticut, you need the help of a Connecticut medical leave rights employment lawyer. It is important to know your rights, and where to find the details when you need them. You need to be proactive. You should take steps to protect yourself before it is too late. Unfortunately, your can’t rely on the human resource office at your company. Their main function is to protect the employer, not you. As a result, you need the advice from a plaintiff’s medical leave rights lawyer.
WHERE TO YOUR MEDICAL LEAVE RIGHTS (FMLA) COME FROM?
In Connecticut, you are protected by the federal Family and Medical Leave Act of 1993 (FMLA). This law was passed by Congress in 1993 and signed into law by President Clinton. Therefore, as federal law, it is applicable all over the United States. Additionally, you are also protected by the Connecticut Family and Medical Leave Act (CFMLA). While the Connecticut Family and Medical Leave Act allows more leave (16 vs 12 weeks), the federal FMLA is a far more powerful weapon for you. Therefore, you are protected by both acts if your employer is in Connecticut, but your real protection come from the federal act.
WHAT ARE YOUR MEDICAL LEAVE RIGHTS IN CONNECTICUT?
You have the right to take time off from work to care for your own medical condition, or to care for a family member. Under the Connecticut FMLA, you can take up to 16 weeks over a 24 month period. Most cases involve taking time off due to your own medical condition. This is unpaid time off. To sum up, generally, in Connecticut you have the right to take 16 weeks of medical leave for the reasons listed below:
1. To care for your serious medical condition; or if you are a bone marrow donor or an organ donor; or
2. To care for a family member’s medical condition; or
3. Upon the birth or adoption of a child by an employee, or placement in foster care with the employee; or
4. Upon a qualifying event when you or family member is in the military services.
The federal FMLA rules apply to employers with 50 or more employees. The Connecticut FMLA rules apply to employer of 75 or more employees. Thus, for employers of 75 or more, both the federal rules, and the Connecticut rules apply.
Your rights don’t kick in on day one. You have to work for a reasonably long period of time. You are covered when you have 1 year of continuous employment and 1000 hours. Under the federal law, you need to have 1250 hours.
IMPORTANT MEDICAL LEAVE RIGHTS TO TAKE LEAVE INTERMITTENTLY.
You have intermittent medical leave rights. You don’t have to take all of your medical leave in one large block of time. For example, if your medical condition flairs up periodically, or if you have to visit your doctor periodically, then intermittent medical leave is perfect for you. More importantly, you will continue to receive your paycheck while you are on intermittent medical leave. As a result, this is a very important right.
ANTI-RETALIATION MEDICAL LEAVE RIGHTS.
If you take protected time off, your employer cannot retaliate against you. Your employer cannot fire you, or otherwise penalize you because you take medical leave. Most cases we handle involve someone who took medical leave, who was fired in retaliation for taking medical leave. We have received very large verdicts for FMLA retaliation cases.
WHAT ARE THE REMEDIES IN A FMLA CASE?
It is important to keep in mind whether your are claiming under the federal FMLA, or the Connecticut FMLA. In a Connecticut lawsuit, under the Federal FMLA, you can sue in Court for:
- Lost past wages or back pay;
- Lost future wages or front pay;
- Reinstatement of your position;
- Attorneys’ fees, and the cost of litigation;
- Liquidated damages which are additional damages;
- Punitive damages.
A Connecticut lawsuit, under the Connecticut FMLA case starts at the Department of Labor. You can appeal to the Superior Court, if you are not satisfied with the result at the Department of Labor. Your remedies include past wages or back pay, and other remedies such as reinstatement to your position. Overall, however, the remedies under the Connecticut FMLA are not as comprehensive as the remedies available under the federal FMLA. Therefore, we prefer to bring these cases in federal court under the federal FMLA
WHERE TO FIND HELP.
Contact the Connecticut employment lawyers at The Bartinik Law Firm LLC. If you have been fired in retaliation for exercising your rights, then we can help you. Our law office is in Groton, Connecticut at 100 Fort Hill Road, Groton, Connecticut. We handle cases throughout Connecticut in state Court and federal Court. Call us at 860-445-8521 of a consultation.