The Family and Medical Leave Act (FMLA) was signed into law in 1993. This federal law protects workers if they need to take unpaid leave for medical or family reasons. Under state law, Arizona’s Fair Wages and Healthy Families Act provides employees with paid sick leave. Disputes regarding these laws can lead to employment claims.
At Houk Employment Attorneys, our attorneys fight to protect workers’ rights throughout Arizona. With over 45 years of combined experience representing clients in employment law matters, our legal team has the knowledge and resources to help you navigate the most complex employment disputes.
Contact Houk Employment Attorneys to schedule a consultation today at (480) 569-2377 with our Phoenix employment law attorneys.
How Houk Employment Attorneys Can Help You With an Employment Dispute in Arizona
Our lawyers have experience in all areas of employment law. We represent employers and employees in labor law disputes, including medical and family leave disputes. We offer advice and effective solutions to resolve employment-related matters.
When you hire our top-rated Phoenix employment law attorneys, we will:
- Thoroughly investigate allegations of violations of FMLA and state law for protected leave
- Assess whether an employer violated employee rights based on the facts and evidence in the case
- Identify all claims and actions available for relief and compensation
- Advise you of your legal options and potential outcomes
- Prepare and file all documents related to your claims
- Aggressively advocate for your best interests and rights during settlement negotiations and court appearances
We are well-respected employment law attorneys. Numerous national organizations have awarded our attorneys top ratings and recognition for their legal services. We have a perfect 10.0 score with Avvo and high ratings with Super Lawyers. Our attorneys are members of the National Employment Lawyers Association, the American Bar Association Labor and Employment Section, and the Arizona Employment Lawyers Association.
Call Houk Employment Attorneys to schedule a consultation with an experienced Phoenix employment law lawyer.
Overview of the Family and Medical Leave Act (FMLA) in Arizona
To be eligible for benefits under The Family and Medical Leave Act (FMLA), employees must work for a company for one year or at least 1,250 hours during a 12-month period. The company must have at least 50 employees within a 75-mile radius. If so, they are entitled to up to 12 weeks of unpaid leave over 12 months for certain medical and family matters.
FMLA covers matters related to:
- Recovering from a serious medical condition
- To care for and bond with a newborn child
- To care for and bond with a new adopted or foster child
- Preparing for a family member’s military service
- Providing care for a family member who has a serious health condition
- Providing care for a family member who suffered a serious illness or injury during active military duty
FMLA also protects employees from employers retaliating or interfering with their rights under the Act. The employer must maintain the employee’s health benefits during the leave and reinstate other benefits when they return. Employees are entitled to reinstatement to their former position when they return to work.
How do Employers Violate Employee Rights Under the Family Medical Leave Act?
Employers can violate the FMLA protections in numerous ways. Examples of violations include:
- Refusing to grant request leave protected by FMLA, including providing inappropriate reasons for denying leave and denying intermittent leave
- Factoring FMLA leave into attendance policies that can have negative consequences for the employee
- Using FMLA against an employee for considerations related to promotions
- Refusing to notify an employee of their rights and obligations
- Failing to reinstate an employee to their position when they are ready to return from leave, including making significant changes to their job
- Refusing to recognize severe health conditions that would qualify for FMLA leave
- Interfering with an employee during their leave, including making employees work during FMLA leave
- Discouraging employees from using their FMLA leave by threatening to give negative employee feedback or suggesting taking leave will harm the employee’s career
If an employer violates FMLA protections, an employee can file a complaint with the U.S. Department of Labor’s Wage and Hour Division. The employee has the right to seek legal counsel for assistance filing complaints and learning about additional legal options.
What Damages Can an Employee Receive for Family Medical Act Violations in Arizona?
If an employee sues their employer for FMLA violations, the court may grant the employee various damages. The damages and the amount awarded depend on the facts and circumstances of the case. Potential damages for an FMLA violation include:
- Back pay in the amount of all losses from the date of the violation through the date of the judgment or the date the employee secured another job
- Future loss of pay or earning capacity if the violation will cause the employee to have reduced future income
- Liquidated damages may be paid, which equal the amount of the back pay if the court finds the employer did not act in good faith
The court may also award attorneys’ fees and the cost of bringing an action. The court could also order the employer to comply with the law, such as reinstating the employee to their old position with the same benefits and pay as before the FMLA leave.
Contact Us to Learn More About FMLA Claims in Phoenix
Employment law can be complicated. Our Phoenix Family and Medical Leave attorneys at Houk Employment Attorneys help you understand your rights and legal options when a problem arises. Call us to schedule a consultation with one of our attorneys today.
