Can I be disciplined by an employer for using the Family Medical Leave Act?

Asked over 2 years ago - Teaneck, NJ

We get deducted points every time we miss work, but I think the FMLA should protect me from things like that. Am I right?


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Attorney answers (3)

  1. Christopher Edward Ezold

    Pro

    Contributor Level 17

    Answered . Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law apply, unless otherwise specified.

    That being said, the FMLA protects you under certain circumstances; the employer must have 50 or more employees, you must have worked 1250 hours or more in the past year, and you must need leave for reasons covered by the FMLA - i.e. personal or family medical issue. You must also ask for FMLA leave, and only get 12 weeks of FMLA leave per year. There are a lot of conditions and exceptions to these basic rules, and your situation may or may not fit in them; you should see an attorney to discuss your ussue.

    If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number.

    /Christopher E. Ezold/
    The Ezold Law Firm, P.C.
    One Belmont Avenue,
    Suite 501
    Bala Cynwyd, PA 19004
    (610) 660-5585
    Cezold@Ezoldlaw.com
    www.ezoldlaw.com

  2. Lisa Ilene Fried-Grodin

    Contributor Level 2

    Answered . The FMLA prevents employers from taking adverse employment actions against employees because they take qualifying leave under the Act. An employer has to be a certain size to be covered by the FMLA and employees have to work a certain amount of time each year and have certain qualifying medical conditions to be eligible for leave. Additionallly not every incidence of sick time is considered FMLA leave. The assessment of these factors is fact sensitive. I would recommend that you consult an attorney to help you with this issue. If you would like to speak with me about this I would be happy to assist you. You can email me at lfriedgrodin@gmail.com.

    This response is not legal advice and my answer does not establish an attorney-client relationship. It is recommended that you consult a lawyer to help you with your issue.

  3. Michael J. Schewe

    Contributor Level 9

    Answered . It may or may not, depending on the type of leave and the facts of the case. However, assuming you and your employer qualify under the Act (FMLA), the general rule is that an employer cannot retaliate against an individual who is taking valid FMLA leave. I would speak with an employment attorney in your area, who can review all the facts of the case and give you competent legal advice.

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