I work in Pittsburgh, Pa. at Mosebach Manufacturing as a QC Supervisor. Yesterday at 9:30am I asked for FMLA paperwork because I am going to need to get some testing and maybe surgery done. At 2:30 pm yesterday, I was laid off. I am a salary worker and middle of the road in seniority in my department. Nobody else was laid off. Also, it seemed odd I got laid off on a Monday when I get paid for the entire week regardless. I just wanted to know if I had just cause for legal action.
1 Answer from Attorneys
It is unlawful to interfere with the right to take FMLA leave or retaliate against a person asserting their right to such leave. Please keep in mind that the FMLA only applies to employers and employees who meet certain criteria. A covered employer is a:
Private-sector employer, with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer;
Public agency, including a local, state, or Federal government agency, regardless of the number of employees it employs; or
Public or private elementary or secondary school, regardless of the number of employees it employs.
Only eligible employees are entitled to take FMLA leave. An eligible employee is one who:
Works for a covered employer;
Has worked for the employer for at least 12 months;
Has at least 1,250 hours of service for the employer during the 12 month period immediately preceding the leave*; and
Works at a location where the employer has at least 50 employees within 75 miles.
You should contact an experienced lawyer to discuss your case in detail. I have handled many FMLA cases, as well as other types of employment cases. Feel free to contact me for a no cost no obligation consultation. (412) 471-6463.