Problems With Your FMLA Leave? 4 Situations That Require Legal Advice

COVID-19 has placed a serious strain on work, education, and family. Many workers have been required to quarantine due to exposure to the virus. Others have been required to go into isolation due to a positive COVID-19 test. There have also been those who've needed to leave work to care for someone who has been required to isolate or quarantine. Luckily, the Family and Medical Leave Act ensures that people can retain employment and health benefits while they're unable to work. Unfortunately, there have been instances where employers have made it impossible for employees to receive the benefits they're entitled to under the FMLA. If you've been denied benefits or you believe that you've been discriminated against by your employer, it's important that you take action as quickly as possible. Read the information provided below. If you've been subjected to any of the issues described here, you need to speak to an FMLA lawyer immediately. 

You've Had Family Leave Denied

If you requested a leave of absence so that you could care for a family member who'd been diagnosed with COVID-19 and that leave was denied, contact a lawyer right away. Under the FMLA, you don't need to be the person who's been diagnosed with COVID-19. You can also receive benefits under the FMLA if you need to care for a spouse, child, or parent. 

Your LGBTQ Status Has Been Questioned

If your request for leave to care for your same-sex spouse has been denied, you need to seek legal counsel as soon as possible. Same-sex marriage is legal throughout the United States, which means you have the right to receive FMLA benefits to care for your spouse. That means your employer cannot question your marital status or your gender. 

Your Family Leave Time Has Been Reduced

If you've taken leave due to COVID-19 and your leave time has been reduced, it's time to seek legal advice. Under the FMLA, employees have specific benefits available to them for COVID-19. Employers can't shorten those time limits, especially if you've earned the right to those benefits. If this has happened, you need to hire an FMLA lawyer. 

Your Job Has Been Threatened During Your Leave

If your employer has threatened to terminate your employment while you're taking a leave of absence under the Family and Medical Leave Act, it's important that you seek immediate legal advice from an FMLA lawyer. Under the act, an employer can't terminate your employment due to your leave of absence status or your COVID-19 diagnosis.

To learn more, contact a COVID-19 medical leave lawyer.