Little Rock Employment Attorneys Handle FMLA and ADA Claims

Determined lawyers fight for medical leave and disability accommodations

In the 1990s, Congress passed two important laws securing additional rights for employees: the Americans with Disabilities Act of 1990 (ADA), and the Family and Medical Leave Act of 1993 (FMLA). If you have a disability or you need time off to care for an ailing family member, it’s important for you to know your rights. If your employer denies your rights under either of these laws, contact a knowledgeable employment law attorney who can help you get justice. You can trust our dedicated attorneys to work diligently to deliver the results you need.

Getting your due under the Americans with Disabilities Act

The ADA prohibits private employers with 15 or more workers from discriminating on the basis of a worker’s disability, which is defined as “a physical or mental impairment that substantially limits one or more major life activities.” If a disabled person is qualified for a position and capable of performing job tasks, an employer cannot consider the disability or the need to provide a reasonable accommodation when making decisions to hire, promote, properly compensate, or provide training.

An employer also cannot question a job applicant about a disability, but may inquire about the applicant’s ability to perform work-related tasks.

If your employer has violated the ADA, you can file a charge with the Equal Employment Opportunity Commission and begin the process of pursuing  injunctive relief, monetary compensation, emotional distress damages, punitive damages, and attorney fees. Our employment attorneys can help.

Obtaining benefits from the Family and Medical Leave Act

The FMLA provides important benefits for workers who face family emergencies, but not every worker qualifies. Briefly, here is what you need to know:

• The law covers companies with at least 50 employees who work at least 20 weeks of the year.
• Eligible employees must have worked for at least one year at the company, logging at least 1,250 hours.
• Eligible employees must work at a company facility with at least 50 workers within a 75-mile radius.
• The leave is for strictly limited purposes: to receive treatment or recover from a serious health condition, to care for a family member with a serious health condition, or to bond with a new child. Children who enter the home by birth, adoption, or foster care placement trigger the right to FMLA leave.
• FMLA leave is unpaid.
• FMLA leave is for up to 12 weeks per year, unless the worker is caring for a family member who was injured while serving in the military, in which case the maximum leave is 26 weeks. Leave can be intermittent throughout the year.
• Employees must give their employer 30 days’ notice of their intention to take leave, unless the need for leave is based on an urgent need for medical care.
• The worker’s health insurance coverage continues during FMLA leave.
• Workers are entitled to return to their previous position at the company when leave is over.

If an employer denies your rights under the FMLA, we can help you pursue your claim.

Contact our Little Rock employment law firm for your ADA or FMLA claim

Don’t let your employer deny you the important rights you have under the ADA and FMLA. For determined employment law representation, call McMath Woods P.A. today at 501-502-0985 or contact us online. Our Little Rock office is conveniently located at 711 West Third Street, just three blocks west of Broadway.