Northwest Arkansas employment lawyer Gregory A. Placzek advises and represents clients regarding medical leave, FMLA leave, or ADA leave. Placzek Law Firm, PLLC represents employees who have been denied medical leave, terminated or retaliated against due to medical leave, or are applying for medical leave. Taking leave due to your own illness or a family member’s illness is stressful enough without having to deal with the many hassles of your employer regarding the leave. A Northwest Arkansas employment lawyer can help you navigate the issues involving your leave.
Many employers in Arkansas are required to give medical leave to their employees based on The Family Medical Leave Act (FMLA). FMLA leave is unpaid unless your employer has a policy of paying its employees for this leave. FMLA leave is generally 12 weeks per year, but doesn’t necessarily have to be used at one time. Be aware that employers often have different ways of counting the one year period. In addition, the FMLA places numerous administrative and procedural requirements on employers. It is very common for employers to make mistakes when administering FMLA rights such as asking for inappropriate information. A Northwest Arkansas employment lawyer can help you determine if your employer violated any of these requirements. To be eligible for FMLA leave, generally an employee must have (1) been employed for a year or more, (2) worked 1,250 hours in the previous year, and (3) have 50 employees who work within 75 miles of your worksite. There are some exceptions these requirements, a Northwest Arkansas employment lawyer can advise you about.
If you are not covered under the FMLA or if you need leave beyond 12 weeks, a Northwest Arkansas employment lawyer can advise you of your rights. One common approach is to use the Americans with Disabilities Act (ADA) to request a reasonable accommodation of leave. Medical leave to treat a disability is one of the most common types of reasonable accommodations. Contact a Northwest Arkansas employment lawyer to see if your leave might qualify under the ADA.
Placzek Law Firm, PLLC represents employees who have been unlawfully denied the right to take maternity or paternity leave. The FMLA provides certain employees with the right to take up to 12 weeks of unpaid leave for the birth or adoption of a new child. The FMLA prohibits employers from retaliating against an employee who lawfully takes maternity or paternity leave. Additionally, you may have a claim for pregnancy discrimination if your employer denies you the ability to take maternity leave or retaliates against you for taking maternity leave. Contact a Northwest Arkansas employment lawyer if you have been denied the right to take FMLA leave.