Family Medical Leave Act—FMLA

Family Medical Leave-Act—FMLA

Experienced New Mexico Employment Law Attorney

Protecting Your Rights under the Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (the “FMLA”), a federal law, allows eligible workers to take up to 12 work weeks off during any 12 month period and have their job protected. To qualify for protection under the FMLA, the leave must be for one of a limited number of reasons, including:

  • The birth of a child and care for that newborn
  • The care of an adopted or foster child placed with the employee within one year of the leave
  • The care of a spouse, child or parent who has a serious health issue
  • Recuperation from a serious health condition that prevents the employee from performing his or her job
  • The care of an employee’s spouse, child or parent who is a covered military member on covered active duty

The FMLA also requires that employers maintain health benefits for eligible employees as if they were working. There are limits, however, to the application of the FMLA. If you have questions about whether or not you qualify, or if your employer has refused your request for leave, we can help.

At Buchanan Law, we have more than 20 years of experience protecting the rights of workers in employment matters. Our principal offices are in Albuquerque, but we can meet with you in person anywhere in the state of New Mexico. We focus our efforts on assisting workers in New Mexico. We have a comprehensive understanding of New Mexico’s employment laws and the court systems, and know what to expect from judges in both the state and federal courts. Deena is first and foremost a trial lawyer, with experience serving as lead counsel on a number of high-profile, high stakes cases. She’s known and respected by clients, colleagues and judges for her meticulous preparation, as well as her calm demeanor in all situations.

We know from experience that every legal dispute is different. We’ll take the time to find out exactly what happened to you, as well as what you need to move forward, so that we can tailor our counsel to get the outcome you want. Call our offices at 505-900-3559 or contact us online to find out if you qualify for a free initial consultation.

Our Representation in FMLA Matters

At Buchanan Law, we can quickly determine your eligibility for unpaid leave under the Family and Medical Leave Act. If necessary, we can help you prepare the request for leave. If you qualify and your employer refuses to honor your request, we can either work directly with your employer to identify and resolve any issues, or file legal action on your behalf to ensure that your rights are protected.

We handle all types of disputes that may arise when you attempt to return to work after an approved leave, including:

  • Unnecessary delays by your employer—Under the FMLA, you only need to provide two days notice that you will return to work. Your employer must allow you to come back, even if business is slow.
  • Job reassignments—Your employer must either give you your old job back or put in one that has equal pay, benefits and responsibilities
  • Failure or refusal to restore benefits—All group benefits must be immediately restored when you return to work
  • Misclassification as a “key employee”—Your employer may avoid reinstatement if you are determined to be a “key employee.” We will fight for your rights if your employer wrongfully tries to apply this exception to you.

Contact Buchanan Law for Experienced Employment Counsel

Take the right steps to ensure that you are afforded all your rights under the Family and Medical Leave Act. To determine your eligibility for a free initial consultation, send us an e-mail or call us at 505-900-3559. We can schedule an evening or weekend appointment, if necessary. All major credit cards are welcome.

Buchanan Law—When You Need a Tough Lawyer on Your Side

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Office Address

5345 Wyoming Blvd. NE, Suite 202
Albuquerque, NM 87109