Medical Leave Cases
Under federal law, most employers with 50 or more employees must provide eligible employees with 12 weeks of unpaid leave during a 12-month period for one or more of the following reasons:
- For the birth and care of a newborn child of the employee;
- When an employee adopts a child;
- To care for an immediate family member (spouse, child, or parent) with a serious health condition; or
- When an employee suffers from a serious health condition, rendering that employee unable to work.
Maine’s Family and Medical Leave law provides protections similar to those under federal law, but applies to smaller employers.
Employers cannot terminate or retaliate against employees for taking Family Medical Leave. Employees must be reinstated to their previous position or an equivalent position upon returning from Family Medical Leave. There are some circumstances when an employee can take intermittent Family Medical Leave, which means taking leave in blocks of time or working less during the normal work week.
If you cannot return to work after 12 weeks, you may be entitled to additional leave if your health condition constitutes a disability, entitling you to protection under state and federal disability rights laws.
The Family Medical Leave Act is a complicated law. If you believe that your rights under this Act may have been violated, you should contact an experienced employment lawyer.
- Paid sick and family leave laws are continuing to spread In most places in the United States, including Maine, employers do not have to provide paid leave to employees who need to take time off from work ....
- Maine federal court rules against F.W. Webb in disability discrimination and medical leave case In a case that the Maine Employee Rights Group (MERG) filed against F.W. Webb Co., the U.S. District Court of Maine has found that a jury could ....
- Federal appeals court says that employees can choose whether leave should be treated as FMLA-leave In Escriba v. Foster Poultry Farms, the Ninth Circuit Court of Appeals, a federal appellate court in California, held that an employee who takes leave ....