FMLA Lawyer Tulsa

FMLA Lawyer in Tulsa, Oklahoma

The Family and Medical Leave Act (FMLA) provides eligible employees of covered employers with job-protected leave for certain medical and family-related reasons. Problems can arise when an employer refuses qualifying leave, discourages an employee from requesting leave, improperly counts protected absences under an attendance policy, or takes adverse action because an employee exercised FMLA rights.

An FMLA dispute is not always as simple as whether an employer approved or denied a leave request. The circumstances surrounding the request, the employee’s eligibility, communications with management or human resources, attendance records, medical documentation, and subsequent employment decisions can all be important.

How an FMLA Lawyer Can Help

FMLA disputes can involve both the right to take protected leave and what happens to an employee after requesting or using that leave. An attorney can review the circumstances and help determine whether the conduct may involve an FMLA violation or another employment-law claim.

What Is FMLA Leave?

The Family and Medical Leave Act is a federal law that provides eligible employees of covered employers with job-protected leave for certain qualifying medical and family reasons.

In general, eligible employees may receive up to 12 workweeks of FMLA leave during a designated 12-month period for qualifying circumstances. Certain military family leave provisions can provide different amounts of protected leave.

Qualifying circumstances can include an employee’s own serious health condition, the birth or placement of a child, caring for a qualifying family member with a serious health condition, and certain military-related circumstances.

Who May Qualify for FMLA?

FMLA eligibility depends on several factors. Having a medical condition or needing time away from work does not by itself establish FMLA eligibility.

Depending on the circumstances, eligibility generally involves requirements concerning the employee’s length of employment, hours worked, the employer’s coverage, the employee’s worksite, and the reason for the requested leave.

FMLA Interference in the Workplace

FMLA interference involves conduct that interferes with an employee’s exercise of rights protected by the law. Not every disagreement concerning leave constitutes unlawful interference, so the details of the situation matter.

Potential warning signs can include:

• Refusing to recognize qualifying FMLA leave.
• Discouraging an employee from requesting protected leave.
• Failing to properly process a qualifying leave request.
• Counting protected FMLA absences against an employee under an attendance policy.
• Interfering with qualifying intermittent leave.
• Failing to properly restore an employee following qualifying leave.
• Creating obstacles that prevent an eligible employee from exercising protected leave rights.

If you believe your employer interfered with your FMLA rights, preserve relevant emails, text messages, leave paperwork, attendance records, disciplinary notices, and other employment documents.

FMLA Retaliation and Adverse Employment Actions

Another common concern is what happens after an employee requests or uses FMLA leave. Federal law provides protections against certain adverse employment actions connected to the exercise of FMLA rights.

An employee may become concerned about retaliation when treatment at work changes after requesting or taking protected leave. Potential warning signs can include unusual discipline, negative changes in working conditions, demotion, reduced opportunities, or termination.

The timing of an employment action can be relevant, but timing alone does not establish retaliation. An employer may have legitimate reasons for an employment decision. The surrounding circumstances and available evidence are important.

If your situation involves both FMLA leave and retaliation, you can also learn more about your rights on our Retaliation Lawyer Tulsa page.

Fired After Taking FMLA Leave?

Losing your job after taking FMLA leave can raise important legal questions. An employer may still terminate an employee for legitimate reasons unrelated to FMLA leave, but an employer cannot lawfully terminate an employee simply because the employee exercised protected FMLA rights.

If you were terminated after requesting or taking FMLA leave, an attorney may examine the timing of the termination, prior performance history, attendance records, disciplinary actions, communications with management or human resources, and the employer’s stated reason for the decision.

If the facts also suggest that your termination involved another protected circumstance, your situation may involve more than an FMLA claim. You can also review our Wrongful Termination Attorney Tulsa page for information about termination-related employment claims.

Intermittent FMLA Leave

FMLA leave does not always have to be taken in one continuous period. When the applicable requirements are satisfied, qualifying employees may be entitled to intermittent leave or a reduced work schedule.

Intermittent leave can be important for employees dealing with recurring medical treatment, flare-ups of a serious health condition, or certain family-care responsibilities.

Problems can arise when an employer treats qualifying intermittent absences as ordinary attendance violations. If you believe you are being disciplined for absences that should be protected, an FMLA lawyer can review the circumstances.

What to Do If You Believe Your FMLA Rights Were Violated

If you believe your employer violated your FMLA rights, taking practical steps to preserve information can be helpful.

1. Keep your FMLA paperwork. Save leave requests, certifications, approval notices, correspondence, and other documents.
2. Preserve communications. Keep relevant emails, texts, letters, and messages from supervisors or human resources.
3. Document important events. Write down dates and details concerning leave requests, discipline, meetings, and employment decisions.
4. Keep employment records. Pay records, schedules, attendance records, performance reviews, and disciplinary notices may become important.
5. Seek legal advice promptly. Employment claims can be subject to deadlines, so it is important not to unnecessarily delay getting advice.

FMLA and Other Employment Law Claims

An FMLA dispute can sometimes overlap with other employment-law issues. For example, an employee may believe they were retaliated against for requesting medical leave while also experiencing discrimination or being terminated.

Depending on the facts, an employment attorney may need to consider potential claims involving wrongful termination, retaliation, disability discrimination, or other federal or Oklahoma employment protections.

If your situation involves workplace discrimination, you can also review our EEOC Attorney Tulsa page for information about the EEOC process.

For wage-related issues that occur alongside an employment dispute, our Wage & Overtime Lawyer Tulsa page covers unpaid wages and overtime concerns.

Frequently Asked Questions About FMLA in Tulsa

Talk With a Tulsa Employment Lawyer About Your FMLA Rights

FMLA disputes can affect your job, income, and ability to take necessary medical or family leave. If you believe your employer has interfered with your rights or retaliated against you, an employment lawyer can review the facts and explain the legal options that may be available.

Contact us to discuss your situation and determine what steps may be appropriate.

Legal Disclaimer: The information on this page is provided for general informational purposes and is not legal advice. Employment laws and deadlines can depend on the specific facts of each situation. An attorney-client relationship is not created merely by visiting this website or submitting a contact request.