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Category: FMLA
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What Employees Should Know About the FMLA & Same Sex Labor Rules
Some companies adopted human resource policies over leave and benefits for domestic partners as early as 1982, before the debate over same sex marriage arose, but now that United States vs. Windsor (2013) has allowed that same-sex marriages performed in states where it’s legal are valid for purposes of federal law, this includes the Family…
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Can You Lose Your Job If You Apply for FMLA?
The Family Medical Leave Act (FMLA) was designed to help employees care for themselves, or their families, for up to twelve-weeks during any twelve-month period, as needed, without fear of losing their jobs. However, the leave is governed by regulations and other important details. Understanding these stipulations can better prepare you and help determine whether…
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What’s Not Covered Under FMLA
The Family Medical Leave Act (FMLA) generally applies to private-sector employers with 50 or more employees within 75 miles of an employee’s work location. If you work for a private-sector employer with less than 50 employees within a 75-mile radius, you are not covered by FMLA. Here are a few other reasons why an employee…
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How to Stop Pregnancy Discrimination in the Workplace
Pregnancy discrimination in the workplace has been receiving a lot of attention recently because of the US Supreme Court case involving UPS. In the case, the Pregnancy Discrimination Act of 1978 is under scrutiny. Justices will make a decision as to what “adequate accommodation of pregnant women” means. Their decision may radically affect what employers…
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Small Companies and Pregnancy Discrimination: What Can You Do?
The Pregnancy Discrimination Act of 1978 (PDA) protects pregnant women from being discriminated against based on their pregnancy. The law states that pregnant women must be treated the same as other employees. However, this law only applies to companies that are larger than fifteen people. Where does that leave women working for small businesses? While…
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How Employers Discriminate Against Pregnant Women
It doesn’t take a law degree to know that getting terminated from your job based merely on announcing your pregnancy is wrong. That situation has the potential for discrimination. If your company is larger than fifteen people, your rights are protected by the Pregnancy Discrimination Act (PDA). However, termination is not the only way pregnant…
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The Best Time to Tell Your Employer You’re Pregnant
Your employer cannot discriminate against you because you’re pregnant. You can’t be turned down for promotions or projects, or terminated based solely on your pregnancy. However, some employers push the anti-discrimination law to its outer limits. If you think your employer will react badly to your happy news, announce it at the best possible time…
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Will I Still Receive a Paycheck While on FMLA?
While the Family and Medical Leave Act (FMLA) of 1993 does provide peace of mind for job protection, it doesn’t always ease the financial stress of the medical bills and everyday expenses that can pile up during unpaid leave. Ensuring at least some income for approved time off is essential for most, but it’s hard…
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Can I Be Fired or Disciplined for Using FMLA?
Although Florida is an at-will work state, employment law still dictates certain policies that protect employees from wrongful termination. The 1993 Family and Medical Leave Act (FMLA) is one such provision that was put in place to maintain a worker’s job role and reputation during eligible leave. Can an employer fire or discipline a worker…
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What You Need to Know About Pregnancy Discrimination in the Workplace
Pregnancy should be a happy time. For some women, however, it can come with anxiety over employer perceptions. In certain cases, these concerns may escalate if an employer’s opinions devolve to harassment and discrimination, leading to a hostile work environment. According to The Pregnancy Discrimination Act (PDA), pregnancy is protected from discrimination related to general…
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Wenzel Fenton Cabassa, P.A. operates on a contingency basis, ensuring that we do not receive payment unless we secure compensation for your case. If your workplace rights were violated, contact us today to schedule a free case evaluation.
