Medical leave is when a person takes a leave of absence from work due to a medical illness, medical condition, pregnancy, or other similar issues. Laws that govern medical leave allow a person to take leave and:
Medical leave is governed by the Family and Medical Leave Act (FMLA). This Act outlines who is eligible for medical leave and other types of leave. Some states also have their own paid leave laws, while other states merely rely on the FMLA.
Medical leave disputes may occur when an employer and employee have a disagreement over the employee’s absence. A medical leave dispute can involve:
Some medical leave disputes may cross over with related issues like maternity leave or bereavement leave.
A claim for a medical leave violation may require a substantial investigation into the practices and work policies of the employer. This may require the employer to re-work their existing medical leave policies so that they conform to federal and state medical leave laws.
Also, the employee may be entitled to damages award if they have suffered lost wages, lost benefits, or if they’ve been terminated from their position. This may require filing with a civil court of law in the jurisdiction where the violation occurred.
Medical leave disputes are a common subject when it comes to employment law violations. You may need to contact a lawyer if you need to file a complaint regarding medical or family leave. Your attorney can provide you with legal representation, and can help ensure that you receive the appropriate legal remedy.
Last Modified: 01-24-2017 06:21 PM PSTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.