Las Vegas Family and Medical Leave Act (FMLA) Lawyer

The Family and Medical Leave Act (FMLA) is a critical law designed to protect employees who need to take time off work for personal or family health reasons. If you’re an employee in Las Vegas and believe your rights under the FMLA have been violated, or if you’re facing adverse consequences for taking FMLA leave, you need a knowledgeable and experienced Las Vegas FMLA attorney. At Greenberg Gross LLP, our attorneys are committed to advocating for employees and securing justice in cases of FMLA violations and related issues.

What Is the Family and Medical Leave Act?

The Family and Medical Leave Act provides eligible employees with the right to take unpaid, job-protected leave for specific family and medical reasons. Under this federal law, employees working for private employers or government agencies are entitled to certain protections when they take time off due to their own serious health condition or to care for an immediate family member.

Key aspects of the FMLA include:

• Providing eligible employees with up to 12 weeks of unpaid leave per year.
• Ensuring employees can return to the same or an equivalent position after their leave.
• Protecting employees from retaliation or adverse employment actions for exercising their FMLA rights.

When Can Employees Take FMLA Leave?

FMLA leave is available to employees under certain circumstances, including:

1. The birth, adoption, or foster care placement of a child.
2. Caring for an immediate family member with a serious health condition.
3. Addressing the employee’s own serious health condition that affects their ability to perform essential job functions.
4. Managing qualifying exigencies related to a family member’s active military service.

Common FMLA Violations

Employers are legally required to provide employees with FMLA leave and to honor their rights under the law. Unfortunately, some employers fail to comply with these obligations, leading to violations such as:

• Denying an eligible employee’s request for medical leave.
• Retaliating against employees for taking FMLA leave.
• Failing to reinstate employees to their previous position or an equivalent position upon their return.
• Misclassifying employees to avoid providing FMLA benefits.

These violations can result in significant hardships, including lost wages, emotional distress, and job instability.

How Greenberg Gross LLP Can Help

At Greenberg Gross LLP, we have extensive knowledge of employment law and a proven track record of helping clients achieve successful outcomes in FMLA cases. Our Las Vegas FMLA lawyers assist employees in navigating the complexities of the medical leave act to ensure their rights are protected.

Our services include:

• Assessing eligibility for FMLA leave based on employment contracts and other factors.
• Filing employment claims against employers who deny FMLA rights.
• Pursuing compensation for lost wages, emotional distress, and other damages caused by FMLA violations.
• Offering legal representation in cases of wrongful termination related to FMLA leave.

Protecting Employees’ Rights in Las Vegas

The FMLA protects employees working for covered employers, including private employers with 50 or more employees. However, employees must meet specific requirements to qualify for leave, such as having worked for the company for at least 12 months and completing a minimum of 1,250 hours in the prior year.

Our team ensures that employees in Las Vegas understand their FMLA rights and provides guidance on addressing employer violations. We are dedicated to securing the best possible outcomes for our clients, whether through negotiation or legal action.

Frequently Asked Questions

What qualifies as a serious health condition under the FMLA?
A serious health condition includes illnesses, injuries, or conditions requiring inpatient care or ongoing medical treatment. Examples include chronic illnesses, surgeries, or conditions requiring intermittent leave.

Can my employer fire me while I’m on FMLA leave?
Employers cannot terminate an employee for taking FMLA leave. However, if other legitimate reasons for termination exist, such as misconduct unrelated to the leave, termination may still occur.

What should I do if my employer denies my FMLA leave?
If you believe your employer wrongfully denied your leave or retaliated against you, consult a Las Vegas FMLA lawyer to explore your legal options.

How do I prove an FMLA violation?
Evidence such as employment contracts, medical records, and communications with your employer can help build a strong case. An experienced attorney can assist in gathering and presenting this evidence.

Can I seek compensation for an FMLA violation?
Yes. You may be entitled to recover lost wages, compensation for emotional distress, and other damages resulting from the violation.

If you’re dealing with an FMLA issue, contact Greenberg Gross LLP to schedule a confidential consultation. Our team is ready to provide legal representation and help you protect your rights under the Family and Medical Leave Act.