Skip to content
STEPHEN T. FIEWEGERLAW
Kitchen table with calendar, coffee and reading glasses in morning light, representing family and medical leave

Practice Area

FMLA Attorney in Davenport, Iowa

If you were denied protected leave, or punished for taking it, we help you enforce the rights the FMLA gives you.

Free Consultation Call (563) 424-1982

The Family and Medical Leave Act of 1993 lets eligible employees take up to 12 weeks of unpaid, job-protected leave in a 12-month period to deal with serious health and family needs without losing their jobs. It is one of the most important workplace protections in federal law, and one of the most frequently misunderstood.

What the FMLA covers

  • Your own serious health condition
  • Caring for a spouse, child or parent with a serious health condition
  • Pregnancy and the birth of a child
  • Placement of a child for adoption or foster care

Who is covered

The FMLA applies to private employers with 50 or more employees, to public agencies regardless of size, and to public and private elementary and secondary schools. To be eligible, you must generally have worked for the employer for at least 12 months and for at least 1,250 hours in the 12 months before your leave, at a location with enough employees nearby. [ATTORNEY: verify]

During leave, your employer must continue your group health insurance on the same terms as if you were working. When you return, you are generally entitled to your same job or an equivalent one. Your employer may not harass you, interfere with your leave or retaliate against you for using it.

Rights for military families

The FMLA also protects military families. An eligible employee may take up to 26 weeks of leave in a single 12-month period to care for a service member with a serious injury or illness. Eligible employees may also take up to 12 weeks for qualifying exigencies arising from a family member's call to active duty in the Reserve or National Guard.

This gets complicated quickly

Intermittent leave, medical certifications, overlapping state leave laws, points-based attendance policies and return-to-work disputes all create room for mistakes, on both sides. If you have been denied leave, disciplined for absences that should have been protected, or let go during or after leave, call us. If you are an employer trying to handle a difficult leave request correctly, we can help you get it right the first time.

Our Process

What happens when you call

  1. Check eligibility

    We confirm whether the employer is covered and whether you met the service and hours requirements.

  2. Review what happened

    We look at your leave requests, certifications, attendance records and any discipline or termination.

  3. Enforce your rights

    We pursue interference or retaliation claims, or advise employers on a lawful course, as the facts require.

Family and Medical Leave Act (FMLA): Frequently Asked Questions

Am I eligible for FMLA leave?
Generally, yes if your employer has 50 or more employees (or is a public agency or school), you have worked there at least 12 months, and you worked at least 1,250 hours in the past 12 months. [ATTORNEY: verify] There are additional location-based rules, so call if you are unsure.
Is FMLA leave paid?
No. FMLA leave is unpaid, although you may be able, or required, to use accrued paid leave during it. Your employer must keep your group health coverage in place.
Can my employer fire me while I'm on FMLA leave?
An employer cannot fire you because you took FMLA leave, and you are generally entitled to return to the same or an equivalent job. Terminations that happen during or right after leave deserve a close look.
Can I take FMLA leave a few days at a time?
Yes, in many cases. Intermittent or reduced-schedule leave may be available when medically necessary, such as for ongoing treatment or flare-ups of a chronic condition.
What leave is available for military families?
Up to 26 weeks in a 12-month period to care for a covered service member with a serious injury or illness, and up to 12 weeks for qualifying exigencies related to a family member's call to active duty in the Reserve or National Guard.
How long do I have to bring an FMLA claim?
As a general rule, two years from the violation, or three years if the violation was willful. [ATTORNEY: verify] Earlier action usually means better evidence.

Have a question that isn’t answered here? Contact us or call (563) 424-1982.

Talk to an experienced Quad Cities attorney.

The first conversation is free. We'll listen, explain where you stand and tell you plainly whether we can help.

Free Consultation Call (563) 424-1982
Call Now