Family & Medical Leave (FMLA)

Federal law allows certain workers to take protected time off when a health crisis or family emergency arises. Unfortunately, some employers ignore or violate those rights. In Jackson, employees often face denied leave requests, pressure to return early, or changes to their job status after exercising their rights under the Family and Medical Leave Act (FMLA). These issues affect your paycheck and your job security, financial stability, healthcare access, and overall well-being.

Legal support from a qualified FMLA lawyer can help protect what you’ve worked hard to earn. If your employer violates FMLA protections, an attorney can clarify your rights, push back against retaliation, and pursue compensation when warranted. With professional guidance, you avoid common missteps and focus on your health or caregiving needs without fear of job loss.

At Espy Law, PLLC, we help clients across Mississippi stand up to FMLA violations. Whether your request was denied or your job changed after taking leave, we’re here to help. You won’t pay legal fees unless we recover compensation for you, and consultations are always free.

Understanding the Family and Medical Leave Act

The Family and Medical Leave Act is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave in a 12-month period. It applies to situations such as:

• Recovery from a serious health condition
• Caring for a spouse, child, or parent with a serious illness
• Bonding with a newborn, adopted, or foster child
• Handling certain urgent matters related to military family service

Your health benefits must continue during FMLA leave, and your job—or an equivalent position—must be available upon your return.

To qualify, an employee must:

• Have worked for the employer for at least 12 months
• Have logged at least 1,250 hours in the past year
• Be employed at a location with 50 or more employees within 75 miles
• Work for a covered employer (typically public agencies and private employers that meet the employee threshold)
• Request leave for a qualifying condition under the law

These qualifications seem straightforward, but employers sometimes dispute them unfairly. If you believe your rights have been denied, speaking with an FMLA lawyer can help determine how the law applies to your situation.

Common Ways Employers Violate the FMLA

Employers may violate FMLA rights in subtle or direct ways. Common violations in Mississippi include:

• Denying a valid leave request
• Misclassifying the nature of the leave
• Asking for excessive or unnecessary documentation
• Retaliating through demotion, reduced hours, or termination
• Failing to reinstate the employee to a comparable position

Even if your employer claims a lawful reason for the action, a close look at the timeline and circumstances may suggest otherwise. A knowledgeable FMLA attorney can evaluate the facts and help you pursue justice under federal law.

FMLA violations can result in lost income, emotional distress, and long-term career setbacks. In some cases, employees also lose their health coverage or face delays in reinstatement that affect their ability to pay bills or care for loved ones. Legal action may allow you to recover what was lost and restore workplace protections while holding your employer accountable for their actions.

What to Expect from the Legal Process

If you contact our office, we’ll start with a consultation to review the situation. We’ll ask about your employment history, the reason for your leave, how your employer responded, and what changes—if any—occurred afterward. Documentation such as emails, HR notes, or performance reviews may be helpful.

If your rights were violated, we can assist in filing a claim that may lead to:

• Reinstatement to your original or equivalent role
• Payment of lost wages or benefits
• Compensation for emotional harm, if applicable
• Employer coverage of legal fees

We handle every case with close attention to detail. With the help of an experienced FMLA attorney, you don’t have to navigate employer resistance alone.
To learn more about your rights as a worker in Mississippi, visit our Employment Law practice page.

Frequently Asked Questions

Can I take FMLA leave for mental health reasons?
Yes. A serious mental health condition diagnosed by a medical provider may qualify for FMLA protection.

How much notice do I need to give my employer?
If the leave is planned, such as surgery, 30 days’ notice is expected. In emergencies, inform your employer as soon as possible.

Can my employer fire me while I’m on FMLA leave?
Not for taking protected leave. If there’s another legal reason, such as company-wide layoffs, your job may still be at risk, but it cannot be due to FMLA leave.

What if I wasn’t reinstated to the same job after returning?
Your employer must restore you to the same or a substantially equivalent role. Failure to do so may violate FMLA rules.

How long do I have to file a claim?
Most FMLA claims must be filed within two years of the violation, or three years in the case of willful misconduct.

Talk to an Employment Lawyer in Jackson Today

When your employer violates your rights, you may feel powerless. Whether your leave request was ignored, you were asked to work while on leave, or your job changed upon return, the situation may feel overwhelming. However, federal law provides a path forward, and taking legal action can often correct those violations and protect others in similar situations.

At Espy Law, PLLC, we represent workers in Jackson and across Mississippi in claims related to employment discrimination, retaliation, and FMLA violations. We provide honest answers, clear legal options, and support every step of the way.

Your first step is simple—contact us for a free consultation. You pay no legal fees unless we win. Let’s discuss how we can help protect your rights and your future.