No one should have to sacrifice their or a loved one’s health to earn a living. Yet many employees face challenges dealing with family and medical needs while performing their duties.
Fortunately, federal and state employment laws grant employees the right to take a leave of absence when specific family and medical events arise.
Unfortunately, not all employers respect the law or their employees’ rights. Denying employees their entitled leave time is illegal, and employees who have their rights violated in this way can take legal action to hold their employer accountable.
At Shields Petitti & Zoldan, PLC, our Scottsdale medical & disability leave lawyers have more than 50 years of combined experience helping employees assert their legal rights in the workplace. If you’re struggling to get your legally entitled medical or disability leave, our team of dedicated advocates has the skills and insights to help.
Legal Rights to Medical & Disability Leave at Work
Several laws grant Scottsdale employees the right to take work leave due to medical conditions, disability, and certain family events.
Family and Medical Leave Act (FMLA)
Under the federal FMLA, eligible employees can receive up to 12 weeks of unpaid, job-protected leave annually for certain life events or medical issues. These include:
- The birth of a child,
- Bonding with a newborn,
- Welcoming an adopted or foster child,
- An employee’s serious health condition, and
- Care for an immediate family member with a serious health condition.
Under the FMLA, you can receive up to 26 weeks of leave if you care for an immediate family member who serves in the military.
Since leave under the FMLA is job-protected, your employer can’t fire or demote you while you’re away. By law, they must place you in the same or a substantially similar job when you return from leave.
The FMLA applies to all employers with at least 50 employees within a 75-mile radius. To be eligible for leave, an employee must have worked at least 1,250 hours in the past 12 months in their job.
Generally, you should also give your employer 30 days advance notice of your intended leave date. However, there are exceptions for emergencies or unexpected circumstances.
Americans With Disabilities Act (ADA)
The ADA is a federal law protecting individuals with disabilities from discrimination in employment. All employers with 15 or more employees are responsible for following its regulations.
The ADA doesn’t specifically require employers to grant disability leave. However, it does require them to provide reasonable accommodations to employees with disabilities, including medical leave.
A reasonable accommodation is any change to the work environment that allows a qualified employee to perform their job duties despite their physical or mental limitations. If a leave of absence is medically necessary and doesn’t put an undue financial burden on the employer, then an employee can receive it as a valid job accommodation.
Under the ADA, there is no strict limit on the amount of leave time an employee can take. Requests for reasonable accommodations are considered case-by-case between an employee and an employer.
Arizona Fair Wages and Healthy Families Act
Employees also have the right to medical leave at the state level. The Fair Wages and Healthy Families Act requires employers to give employees an hour of paid sick leave for every 30 hours they work. This law applies to all Arizona employers, regardless of size.
However, if you work for an employer with 15 or more employees, they’re not required to give you more than 40 hours of sick leave in a year under this law. For employers with fewer than 15 employees, the maximum sick leave required is 24 hours per year.
When to Contact a Scottsdale Medical & Disability Leave Attorney
Employers who refuse to give eligible employees family, medical, and sick leave required under these laws are violating your rights. Common warning signs of illegal action include when your employer:
- Reduces your benefits while on FMLA leave,
- Discriminates against you because of your disability,
- Ignores your requests for disability accommodations, and
- Refuses to pay you for qualified sick leave under Arizona law.
When this happens, employees have the right to take legal action and hold them accountable for their wrongdoing.
It’s also illegal for employers to retaliate against employees for taking or requesting leave under the FMLA and ADA. Illegal retaliation happens when your employer punishes you for exercising a legal right. Termination is the most obvious and extreme form of employer retaliation, but it can also appear as:
- Bullying and harassment,
- Pay cuts,
- Unwanted job transfer,
- Loss of opportunities, and
- Demotion.
If you suffer employer backlash because of medical or disability leave, you could also have a legal claim for retaliation.
When you consult with Shields Petitti & Zoldan, PLC, an attorney will review your case and identify which federal or state laws apply to your situation. If an employer violates your rights, a lawyer can help you understand your rights and options for action.
Depending on the situation, you could file a complaint against your employer with the Department of Labor or the Equal Employment Opportunity Commission (EEOC). In other cases, an employee may file a lawsuit and request that a court enforce their rights to the leave time they were denied.
With the help of a skilled employment lawyer, employee plaintiffs may also be able to seek financial compensation for the violation of their rights. Depending on the situation, employees may be able to recover damages for:
- Back pay,
- Front pay,
- Certain medical expenses,
- Emotional distress,
- Pain and suffering, and
- Attorneys’ fees.
Be aware that employees have limited time to take legal action after their rights have been violated. That’s why it’s best not to wait to consult with an attorney if you’re concerned that you’ve been unlawfully denied work leave.
Trusted Scottsdale Medical & Disability Leave Lawyers
Navigating your right to leave time in the workplace can be confusing, especially when managing a challenging health or life event. Fortunately, employees don’t have to take on this burden alone.
The attorneys at Shields, Pettiti & Zoldan have spent more than five decades collectively helping Arizona employees understand and exercise their rights.
Our legal team has the skills and deep knowledge of employment law to help you ensure that your livelihood is protected. To learn more about our services, contact our office to speak to an advocate about your case.