Family and Medical Leave Act & Uniformed Servicemen Employment and Reemployment Rights Act
Unfortunately, there are employers who don’t agree with the use of the Family and Medical Leave Act (FMLA) or the Uniformed Servicemen Employment and Reemployment Rights Act (USERRA). These people will undermine and attempt to interfere with your rights. If you feel that your rights have been violated by an employer under either of these Acts, give Dyer Law a call for a free consultation without any pressure or agreement right away. We don’t want you to go through this tough time alone.
Understanding Your Rights as an Employee
Learn more about the Family and Medical Leave Act (FMLA) and Uniformed Servicemen Employment & Reemployment Rights Act (USERRA).
Family and Medical Leave Act (FMLA)
The FMLA grants eligible, covered employees unpaid, job-protected leave for specified family and/or medical reasons with continuation of group health insurance coverage. FMLA ensures that the employee continues their existing group health insurance under the same terms and conditions as if the employee had never taken leave.
Through FMLA, employees are eligible for:
- Twelve workweeks of leave in a 12-month period
OR - Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness
Uniformed Servicemen Employment and Reemployment Rights Act (USERRA)
USERRA is a federal law protecting military service members and veterans from employment discrimination on the basis of their service that was first passed in 1994. This law allows service members to regain their civilian jobs following a period of uniformed service.
With USERRA you can ensure that:
- You are not disadvantaged in your civilian career solely because of your military service
- You are promptly re-employed in your civilian job upon return from duty
- You are not discriminated against by employers because of past, present, or future military service
Sadly, not all employers comply with these laws. You have the right to take leave as well as return to the workplace after you’ve served in the military. If you’ve experienced this, Dyer Law can represent you and see that you are compensated fairly for any mistreatment.
We’re the Employee Rights Attorneys for You
With nearly three decades of experience representing employees in Lincoln and Omaha, we know what it takes to help you get the settlement you deserve. We’ll be with you every step of the way, standing firm in your corner advocating for your rights. Dyer Law understands how hard it is to deal with issues regarding your rights to take family leave, and that’s why you’re never just a number to us. Dyer Law goes above and beyond to ensure our clients are always taken care of. If you feel that your employer has violated your rights according to FLMA or USERRA, we’ll be more than your representation—we’ll be your support system, too.
The Dyer Law Process
We understand that you’re going through a stressful, confusing experience. Dyer Law will simplify the complicated legal process for you so you are able to focus on what truly matters in your life. Here’s what you can do to make the first step:
Contact our team to set up your free consultation.
A member of our team will meet with you in person or on the phone to learn more about your situation.
We’ll help you to understand your rights while providing professional advice on how you should move forward.
If we mutually decide to move forward with your case, we will get started and work towards getting you the compensation you deserve.
FMLA and USERRA FAQs
Learn more about Family Medical Leave Act and the Uniformed Servicemen Employment & Reemployment Rights Act with our frequently asked questions.
What Conditions Qualify for FMLA Leave?
According to the U.S. Department of Labor, qualifying conditions for FMLA leave include:
- for the birth of a son or daughter, and to bond with the newborn child;
- for the placement with the employee of a child for adoption or foster care, and to bond with that child;
- to care for an immediate family member (spouse, child, or parent – but not a parent “in-law”) with a serious health condition;
- to take medical leave when the employee is unable to work because of a serious health condition; or
- for qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is on covered active duty or call to covered active duty status as a member of the National Guard, Reserves, or Regular Armed Forces.
How Long is the Family and Medical Leave Act Good For?
You can receive up to 12 weeks of unpaid, job-protected leave per year with FMLA. This act also requires that your group health benefits be maintained during the leave.
How Long Does a Company Have to Hold your Job While on Military Leave?
According to the U.S. Department of Labor, employees are only entitled to protection during cumulative periods of military leave of up to 5 years under USERRA.
Contact Dyer Law
Do you feel like your FMLA or USERRA rights have been violated by your employer? Dyer Law will work alongside you to make sure you’re represented by people who care about your issues and want to see that you’re compensated fairly. If you need someone to discuss your case with, Dyer Law will always be here for you. Give our team a call today for a free, no-pressure, or commitment, consultation.