When you are hired for a position, you don’t often think about taking off an extended period of time from work. However, when employees plan to expand their family or schedule a procedure to address a medical condition, this requires time away from work. While it might disrupt the flow of business in the work environment, employers may be required to allow this time off for their employees if it falls under the Family and Medical Leave Act or FMLA.
Rights under FMLA
For many expectant parents, they plan to spend a certain amount of time at home with their new child. Whether it is a biological child or a child gained through adoption, mothers and fathers will often utilize FMLA to take time away from work to care for and spend time with their new child. While this is a specified time an employee can take off, taking time off due to pregnancy, childbirth or adoption could evolve into a complex employment law issue.
Retaliation and discrimination actions
Based on FMLA rights, a pregnant mother may take leave before the birth of their child if it is related to the employee’s pregnancy. However, an employer may not like this idea, and may try to interfere with this plan. Additionally, a father may take leave to bond with and care for a new child. Nonetheless, an employer may not view this as a credible reason to take time off since they did not go through pregnancy, labor and delivery like the mother did.
If a FMLA request is not approved or an employee suffers retaliation or discrimination because they are requesting time off under FMLA, they may have grounds to file a legal action. At Bononi Law Group, LLP, our experienced attorneys understand the complexities employment law matters can bring to the table. As such, we are equipped with the knowledge to aid employees in their efforts to protect their rights.
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