Family And Medical Leave Act (FMLA)

Phoenix Family & Medical Leave Act Attorneys

The Family and Medical Leave Act (FMLA) protects employees who need to take leave for personal or family medical needs or other important family matters. Employees covered by FMLA can take up to 12 weeks of unpaid leave per year without losing their jobs or benefits. Employers are required to follow FMLA rules. When they don’t, employees have legal recourse.

The most common FMLA violations we see involve maternity leave and pregnancy, mental health treatment, and substance abuse treatment. Most of the employment litigation we handle stems from one pattern: an employee asks for leave and gets fired.

Reach out to Weiler Law PLLC to schedule an appointment with our knowledgeable team of FMLA lawyers at (480) 418-7878 today.

Defending Employee Rights Against FMLA Violations

At Weiler Law PLLC, we protect the rights of employees who have been mistreated because they used or requested FMLA leave.

We aren’t just advisors. We’re Phoenix trial attorneys who are serious about pursuing claims in court on behalf of employees who:

Were wrongfully terminated after taking or requesting FMLA leave
Went on maternity leave and returned to a demotion or another problem
Have been discriminated against with regard to legally protected disabilities
Took or requested leave to care for a family member
Took or requested leave for surgery or other medical treatment
Took or requested leave to adopt a child

If you have questions about a difficult FMLA matter, we can provide the advice and representation you need.

FMLA Interference & FMLA Retaliation Claims

Federal law recognizes two distinct types of FMLA claims, and the difference matters when building a case. We pursue both on behalf of Phoenix employees.

FMLA Interference

FMLA Interference occurs when an employer denies, discourages, or otherwise obstructs an employee’s attempt to exercise FMLA rights. To establish an interference claim, an employee must show they were eligible for FMLA, their employer was covered, they were entitled to the leave requested, they gave proper notice, and the employer denied or interfered with that leave. When leave is foreseeable, employees must provide at least 30 days’ advance notice. Employers can’t require employees to work while on FMLA leave or deny reinstatement to the same or an equivalent position upon return.

FMLA Retaliation

FMLA Retaliation occurs when an employer takes an adverse employment action because an employee requested or took FMLA leave. Proving retaliation requires showing a protected activity, an adverse action, and a causal connection between the two.

Common adverse actions that may constitute FMLA retaliation include:

Termination
Demotion
Schedule changes
Reassignment
Verbal discipline
Increased scrutiny after returning from leave

Whether your situation involves interference or retaliation, we bring the same approach: trial attorneys prepared to take your case to court if that’s what it takes.

Why Choose Weiler Law PLLC for Your Phoenix FMLA Case

Our attorneys are civil litigators with over 14 years of litigation experience. Attorney Amanda Kuklinski focuses specifically on employment discrimination, FMLA, wrongful termination, and hostile work environment claims. This brings genuine depth to every FMLA matter we handle. We represent both employees facing FMLA violations and employers working to meet their FMLA obligations, and we build personalized strategies tailored to each client’s situation.

If you’re looking for an experienced Arizona FMLA attorney, we can help you understand your rights and your options. Call us today to get started.

Contact Weiler Law PLLC at (480) 418-7878 to schedule an appointment with an FMLA attorney.

FMLA Eligibility & Arizona Leave Protections

Not every employee or employer is automatically covered by FMLA. To be eligible, an employee must have worked for the employer for at least 12 months and logged at least 1,250 hours during the prior 12-month period. FMLA applies to private-sector employers with 50 or more employees, and the employee must work at a location where the employer has at least 50 employees within a 75-mile radius.

Qualifying reasons for FMLA leave include:

The birth or adoption of a child, or placement of a foster child
Caring for a newborn or newly placed child in the first year
A serious health condition affecting the employee
Caring for a spouse, child, or parent with a serious health condition

Arizona employees also have a separate layer of protection under the Arizona Fair Wages and Healthy Families Act, which provides paid sick leave independent of FMLA. Employees accrue one hour of paid sick leave for every 30 hours worked. This is up to 40 hours per year at businesses with 15 or more workers and up to 24 hours per year at smaller employers. In some situations, FMLA leave and Arizona paid sick leave may run concurrently. Employees denied any form of leave should evaluate both sets of protections when considering their options.

FMLA Damages & Filing Deadlines

Employees who prevail on FMLA claims may recover back pay for wages and benefits lost due to the violation, as well as front pay for future lost wages and benefits. Courts can also order reinstatement to the same or an equivalent position with the same pay, benefits, and duties. The FMLA doesn’t permit recovery of punitive damages or compensation for emotional distress.

Filing deadlines under the FMLA are strict. Employees generally have two years from the date of a violation to file a lawsuit. If the violation is found to be willful, that period extends to three years. Employees who believe their FMLA rights have been violated should consult an attorney without delay.

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