Call us today to schedule a free consultation with my team. We fight for our clients throughout New Mexico from our Albuquerque office.
Family Medical Leave Act (FMLA)
Our experienced legal team will fight to make sure you get the compensation and justice that you deserve. Contact us today for a free case evaluation.
505-900-3559
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 Firm, LLC 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 Firm, LLC 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 Firm, LLC New Mexico Family and Medical Leave Act Lawyers
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.
We Prepare Each Case for Trial
We prep every case as if it will be going to trial. There is no better way to make sure you get the compensation that you deserve than to be ready to fight for you and exhaust all legal remedies. Some firms shy away from trial, we embrace it.
This is a Team Effort
We recognize that every legal matter is different. We’ll listen carefully to learn the details of your situation, as well as your goals. We’ll keep you involved and informed at all times, making certain you know where you stand, what your options are, and your likelihood of success.
We Will Be Straight With You
Whether it is about the value of your case, or how good or bad the evidence is, we will tell it to you straight. We want to help you make the best decisions about your case by giving you the information you need.
We have recovered tens of millions of dollars for our clients.
Hospital negligence resulted in catastrophic injury. This was a case involving a patient who entered the hospital for routine observation but left the hospital with catastrophic and permanent injuries due to neglect and improper treatment. This case involved extensive expert testimony on all aspects of the client’s care, both by hospital administration, hospital employees, and contractors who were involved in her treatment.
Semi-truck negligence caused wrongful death. This case involved a semi-truck driver who was intoxicated on illegal substances and killed our client. The key to this case was both aggressive discovery work, and understanding the trucking laws that regulate truck drivers and motor carriers, so we could prove how reckless it was to put the driver on the road that day.
Semi-truck negligence caused catastrophic injury. This case involved a semi-truck driver who lost control of his vehicle in a high-traffic area, causing devastating injuries to our client. We were able to reconstruct every step of the events leading up to the crash that day to piece together why this happened, using sophisticated experts in reconstruction engineering.
Semi-truck and corporate negligence caused wrongful death. Our client died as a result of the defendant’s negligence in parking a commercial vehicle. The key to this case was understanding trucking regulations and local ordinances at play to show how the situation should have been handled safely.
Semi-truck causing wrongful death. This sad case involved the tragic death of our clients when a semi-driver was high on illegal substances. The key to this case was working closely with law enforcement and our reconstruction expert to identify all of the assets we could recover for these clients so that they could be as fully compensated as possible.