We’re trial lawyers. Our core competency – above everything else – is trying cases to juries. And we specialize in beating giants.
FAMILY AND MEDICAL LEAVE ACT
The Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of unpaid leave from work to deal with medical issues for themselves or their families.
There are 3 kinds of legal claims that employees may have against employers for violation of the FMLA:
- interference; and
You might have an entitlement claim against your employer under the FMLA if you’re eligible for medical leave but your company won’t let you take it.
Employees have FMLA interference claims against their employers if the employer tries to interfere with the employee taking leave – by putting up unnecessary roadblocks; threatening them regarding potential consequences of taking medical leave; or trying to give them work or additional things to do while the employee is on FMLA leave.
You might have an FMLA retaliation claim if your employer retaliated against you in any way for taking medical leave – by firing you; reducing your pay; giving you a different, lesser position when you come back; or reducing your hours.
There are 3 requirements for employees to be eligible for leave under the Family and Medical Leave Act:
- You need to have been employed with your company for at least 12 months;
- You need to have worked at least 1,250 hours over the past 12 months (that’s about at least 2/3 time); and
- Your employer needs to be big enough that it employs at least 50 employees within a 75 mile radius of your worksite.
If you’re eligible for FMLA – see above – and you need to take medical leave for yourself or to care for your family, then you need to tell your employer.
You need to clearly tell your employer that you need medical leave for yourself or to care for your family. You don’t need to specifically mention the word “FMLA,” but you do need to give clear notice to your employer that you need medical leave. Ideally, you should do this in writing – like in an email – so there can be no argument later about whether you gave your employer proper notice.
Then, you need to comply with your employer’s reasonable requests for information. For example, they may ask for a doctor’s note, or ask you or your doctor to fill out certain forms. Fill them out promptly and get them back to your employer.
You get 12 weeks of unpaid leave per year. For intermittent medical leave, employees get the same amount: 480 hours per year (12 weeks x 40 hours per week).
No. Neither the FMLA or Minnesota Pregnancy and Parenting Leave Act mandate that employers provide paid sick leave.
So the law doesn’t require your employer to provide paid leave. But your employer might just be generous enough to provide some amount of paid leave on its own: for example, some employers provide some amount of paid maternity or paternity leave when you have a child.
Just fill out whatever forms your employer gives you for its process. It might give you some forms for your doctor to fill out too – make sure that you fill out all these forms on time and get them in. If you fail to do so, your employer could argue that you failed to comply with its reasonable leave policies, and then either deny you leave or retaliate against you for taking it.
Does medical leave include pregnancy, maternity, and paternity leave?
Yes. If you’re eligible for FMLA – see above – then you can use it for medical leave for yourself or to take care of your family.
Employees can take FMLA leave on an “intermittent” basis or on a “reduced leave schedule.” Intermittent FMLA leave is taken in separate blocks of time for a single illness or injury. A reduced leave schedule reduces an employee’s usual number of working hours per workweek, or hours per workday. It can be a change in the employee’s schedule for a period of time, normally from full-time to part-time.
You’re entitled to intermittent FMLA leave when you’ve got a “serious health condition” that renders you unable to do your job, or when an employee needs to care for a spouse, son, daughter, or parent with a serious health condition.
Employees have to give 30 days’ notice for intermittent FMLA medical leave that’s foreseeable that far in advance, or as much notice as possible if it’s not possible to give 30 days notice.
The total amount of medical leave you have under intermittent FMLA leave is the same as normal FMLA leave: 12 weeks in a 12 month period – it’s deducted as it’s used.
It depends. Employers sometimes use these terms interchangeably and incorrectly.
If an employee is injured on the job, employers will sometimes put him or her on “short term disability.” That’s fine and appropriate. But it the employee is eligible for FMLA (has worked there 12 months, at least 1,250 hours, and employer has more than 50 employees), then the “short term disability” leave may also count as FMLA leave – and count against the 12 weeks of available FMLA leave.
That can be both good and bad. The law doesn’t mandate or protect short term disability leave, but it does mandate and protect FMLA leave. So if your employer puts you on short term disability and then decides to terminate you after 6 weeks, you’ll have FMLA legal claims for interference and entitlement against your employer even though it didn’t call your leave “FMLA” and instead called it “short term disability.”
The law says that once your employer is on notice that you’ve got a medical condition that qualifies you for FMLA leave, it needs to understand that and comply with the requirements of FMLA.
On the other hand, if your employer puts you on short term disability but you don’t qualify for FMLA (because you haven’t been there for 12 months, worked for 1,250 hours, or your employer doesn’t have at least 50 employees), then you’re not protected and your employer can terminate you at any time – even if it told you that you’re on short term disability.
Entitlement and Interference Claims
These lawsuits are pretty straightforward. As plaintiff employment lawyers, we first will prove that you were “entitled” to take the FMLA leave by showing that you had worked at your company for at least 1 year; had worked at least 1,250 hours in the past year; and your employer had at least 50 employees within a 75 mile radius of your worksite. This is pretty easy.
Then we need to show that you gave your employer proper notice that you needed medical leave. This can be through your testimony that you told your employer you needed medical leave for yourself or to care for a family member. Or it can be through an email that you sent notifying your employer, or even through constructive notice to your employer, such as notice that you were injured on the job and required medical care. Again, this is relatively straightforward.
Next, we proceed to show that your employer either denied you leave or interfered in some other way with you taking leave. Examples of interference include: making threats to you about what will happen if you take leave; telling you not to take leave; or trying to give you work to do while you’re on leave. If we can show any of these things, then you’ve made an FMLA entitlement or interference claim.
Proving an FMLA retaliation claim is very similar to proving up other employment discrimination claims.
Your employer will probably make up and offer a different, non-illegal reason for termination (other than it terminated you or demoted you because you took medical leave). For example, your employer might claim that it terminated you for poor performance, or say that it underwent “restructuring.” In order to win on your FMLA retaliation claim, employment lawyers have to prove that the reason offered by the employer is a pretextual reason that is just being said so that your employer can avoid having to say the actual, illegal reason for termination – it was upset that you took protected medical leave under the FMLA.
We’ve got a couple ways to prove pretext on behalf of employees. First, we try to demonstrate that the reason given by the employer is just factually wrong. So, for example, if your employer claims that it terminated you for poor performance, but actually gave you high performance reviews for a number of years and has no written records of ever giving you discipline or counseling, then we’ve created a fact question for a jury regarding whether the reason given by the employer is the real reason for termination, or just pretext to mask retaliation.
Second, we can prove that the reason given by the employer isn’t the real reason for termination because it wasn’t equally applied to similarly situated employees. So, if your employer claims that it terminated you for poor performance, but your peers actually had equal or worse performance reviews than you – or documented performance problems that you didn’t have – than we’ve created a fact issue regarding whether the employer’s stated reason for termination is the actual reason, or just pretext to mask FMLA retaliation.
No. The FMLA contains an anti-retaliation provision, and so does the Minnesota Pregnancy and Parenting Leave Act. If your employer terminates you for applying for medical leave – or for complaining that it’s not handling your medical leave request in accord with the law – then you’ve got a retaliation case.
This is absolutely a good question to ask as you make a decision on whether to pursue a case in court or not. Starting an employment case is a big decision and you should know what your potential return is for the investment of your time and energy.
The short answer is that the value of your case depends on a lot of things, like:
- the strength of your case on the merits;
- the amount of damages you’ve suffered;
- whether your employer has the ability to pay a large amount; and
- your tolerance for risk.
We get this question so much that we’ve created a separate, detailed page going through each of these factors, right here.
Minneapoolis FMLA Lawyers Gets Results
We represented a woman, “Sarah,” who worked for a health care provider for 12 years. Sarah suffered a workplace injury when she caught a falling patient. She was still able to work, and did so for 5 years. However, she aggravated her back injury in 2014 when she was aiding another patient. Her doctor told her that she needed time off work to recover from her injury.
After Sarah had used about 8 weeks of her 12 available weeks of FMLA, she was cleared to return to wokr. However, when she tried to come back, her employer told he that she was terminated because she had “used up” all of her FMLA.
This was an interference and entitlement claim against Sarah’s employer, because Sarah was entitled to 12 weeks of medical leave, but the employer only allowed her 8 weeks of leave before terminating her.
The case settled after depositions but before summary judgment for $200,000.
For FMLA claims, you may be entitled to back pay and front pay damages, liquidated damages, and your attorney fees and costs. Liquidated damages means that you get to multiply your actual monetary damages (back and front pay) by 2 (that means you get twice what you’re owed in wages). Unfortunately, the FMLA does not allow for the recovery of emotional distress or punitive damages.
That’s a tough question to answer because there’s really no “average” settlement. The value of an employment case depends on the strength of the case; the damages the employee suffered; the ability of the employer to pay a large amount (if the employer is insured, even better); and the employee’s tolerance for risk and willingness to go to trial. Here’s a detailed breakdown of those factors.
First of all, if you’re searching for answers right now, we’re very sorry that you’re in this position. We know how tough it is to lose your job, especially when you’ve got family and other financial obligations. It’s especially frustrating and hurtful when the termination is discriminatory.
Second, make sure that take advantage of state benefits designed to help people going through tough times. Apply for unemployment benefits – here’s a link. And, contact COBRA to make sure you and your family are covered for health insurance.
Third, write everything down that happened to you. Write down the date that you were terminated, who terminated you, what they precisely said was the reason for your termination, and who else was present. Write down whether you think the reason your employer gave you was accurate or not, and why. Write down the names of employees that you think may have useful information. Write down the types of documents or emails that you think may have good information about your case. Write down everything – the reason for this is that your memory will probably fade over time and you want to document things while they’re fresh in your mind. If you pursue a lawsuit, your trial likely won’t be for at least 12 to 18 months, so you want to have something that you can refer to – write everything down.
Fourth, immediately send a letter or email request to your employer requesting your personnel file and the reason for your termination. Under Minnesota law, your employer needs to provide it to you. If your employer hasn’t paid you all of your wages or given you your last paycheck, make sure to request those wages in writing also (by letter or email).
Fifth, call us to talk about your case.
The FMLA is subject to a statute of limitations: this means that you must file suit within 2 years of the last action (termination, interference, denial of FMLA leave, retaliation, etc.) that you believe violated the FMLA. The statute of limitations is extended to 3 years if the employee can show that the employer willfully violated the FMLA.
Contact Our Minnesota and Wisconsin FMLA Attorneys.
You must act quickly when it comes to employment claims. If you wait, there may be strict statutes of limitation that will bar you from filing any claim at all against your employer. Call Madia Law today to discuss your case.
First, contact our office and tell us about your situation. You’ll talk with our staff for about 5-10 minutes. They’ll get some basic information about you and your case.
There’s some information that we’ll need when you call. We will want to know who you worked for, what kind of work you did, for how long worked there, how much you earned, if/when you were terminated, the reason given by your employer for any discipline and termination, and why do you think your employer did something unlawful or wrongful. If you have this information handy, it will allow us to proceed more quickly.
We will get back to you shortly – usually within a few hours. If your potential case is a little outside of our wheelhouse, we may refer you to attorneys, agencies, or organizations that we think might be better suited to handle your situation. Our goal is to ensure you get the best and most appropriate help possible for your particular situation. If that’s not us, we’ll try to tell you immediately and point you in the right direction.
If we think that we might be able help you, we’ll set an appointment for you to talk with one of our employment lawyers. We’ll discuss your case, and give you our honest assessment of its strengths, weaknesses, and value. If we then mutually agree that Madia Law will represent you, we will talk about the process of moving forward with your case.
When you talk with our employment lawyers, please be sure to have all relevant documents that you have in your possession. For example, that could include: pay-stubs, personnel files, employment handbooks/policies, letters from your employer (including your termination letter), any text messages or emails that you think are important, and any other documents that you think might be helpful.
THE MADIA LAW WAY
We have a process that works in getting exceptional results for our clients.
We are trial lawyers who prepare every case for trial from Day 1. Investigation and legal research are the first things we do, and we spend a lot of time on them. Because we haven’t filed the case yet, we have complete control – the defendant has no say and we want to use this time wisely. We interview witnesses that can help us prove the case. We’ll ask you for all relevant documents in your possession and review those carefully as well. We also will spend some time conducting legal research about unique issues in the case. We pull the jury instructions that the judge will ultimately charge the jury with after closing arguments at trial.
Our next step is typically to send a demand letter to the defendant. In the letter, we thoroughly lay out: the facts surrounding the defendant’s misconduct; the applicable law (including statutory and case citations) that make clear that the defendant broke the law; an analysis of your damages and the defendant’s monetary exposure; a demand for a monetary amount to settle the claim; and an instruction to preserve all relevant evidence, including electronic evidence. The point of this letter is to give the defendant a chance to do the right thing and pay a fair amount before litigation, and to give the defendant an opportunity to present any defenses or evidence it wants us to consider before moving forward. Sometimes we skip the demand letter if there are strategic reasons to move straight to filing, but we typically give defendants a chance to do the right thing.
If early negotiations fail, great – we file a Complaint and serve the defendant with it. A Complaint is a legal document that states the facts of what happened and alleges how the defendant broke the law. It formally starts the lawsuit. Many lawyers draft complaints in a general and relatively vague way, just to get it done and filed – because that’s all that’s really required. We take a different view. We view the Complaint as our first chance to tell your story to the judge, and we take it seriously. So we draft detailed complaints and include legal citations to statutory and judicial authority on unique points. Sometimes we’ll include a number of exhibits, diagrams, or other demonstrative aids to help the Court understand our claims. A secondary benefit of this approach is that defense lawyers reading the Complaint can become educated on the problems of their case and the state of the law – sometimes this leads them to reach out to us shortly after service of the Complaint to re-initiate settlement negotiations. Of course, by that time, the price for settlement has gone up.
Some lawyers view written discovery as a necessary evil – something to get done and out of the way before depositions. Not us. Written discovery is a gift and an opportunity. We spend a great deal of time crafting requests for documents and interrogatories (questions for the defendant to answer in writing) that are specific, detailed, and tailored to get what we need to prove our case. Many lawyers – even great ones – think written discovery is a waste of time because defense lawyers typically answer them on behalf of their clients and can try to stonewall with legalese and objections. We view this as a wonderful opportunity. In our experience, most defense lawyers can’t help themselves when answering discovery: they over-state their defenses and make assertions that their clients will not be able to support in testimony. So we get to commit the defendant to defenses that they can’t back up, leading to contradictions, confusion, and chaos in their depositions later on. We also use Requests for Admission – which many lawyers don’t. The Federal Rules and Minnesota Rules of Civil Procedure allow us to ask defendants to “admit” certain facts. We send them RFAs that are very difficult for them to deny. Of course, they do it anyway, but that sets them up later for cost and fee-shifting, which the Rules mandate for defendants that deny RFAs that are later proven true. And usually, we can get the defendants’ own witnesses to admit facts that their defense lawyers denied in RFA. That’s a great situation that leads to more chaos and confusion on the defense side.
One last point on written discovery – we send multiple waves of it throughout discovery. We typically send 3 or 4 sets of written discovery requests to defendants throughout discovery. This compounds the problems for them, because the defense lawyers continue to overstate their defenses, but now run into contradictions from not just the defendant witnesses’ deposition testimony, but also their own previous discovery responses. This makes for a great record that we can present to the judge at dispositive motions, and use for impeachment at trial.
This is our chance to question relevant witnesses, on the record with a court reporter (we typically videotape important depositions as well). We get to confront the defense witnesses with all of the evidence we’ve developed through written discovery and document production. By this time, the defendant put its witnesses in an impossible position through its written defenses, which are often untrue and indefensible. So the witness has to either lie to support the defense, or admit it’s not true. That’s a dilemma that works for our clients either way, no matter which option the witness takes. We use depositions to expose contradictions, create a record for dispositive motions, lock witnesses into their stories so that we can impeach them later at trial, and sometimes, to show defense lawyers how hopeless their case is. We often calls from defense counsel shortly after depositions of their clients, seeking to re-start settlement negotiations.
The defendant will usually make a motion for summary judgment after discovery, asking the Court to throw out the case without having a jury trial. Because we’ve hit discovery so hard – both through written discovery and depositions – this is a tough motion for defense counsel to write in our cases. We draft our response for the Court and now get to bring everything together: the admissions, contradictions, nonsense, and obvious fact disputes that we’ve uncovered through discovery. We tell a compelling story that wraps everything together for the Court and makes clear that the defense motion has to be denied, and the defendant needs to face a jury for its conduct.
Sometimes, we’ll even make an affirmative motion for summary judgment, asking the Court to grant judgment in favor of our client without a trial. These motions are generally rare for plaintiffs to make, because the defendant can usually point to some fact dispute on its intent or some other factor that necessitates a trial. But we make affirmative summary judgment motions significantly more than is typical for plaintiffs, and that’s because the work we put in during discovery helps build a fantastic record to do so.
After the Court denies the defense motion for summary judgment, the defendant has only 2 options: 1) do the right thing and pay you a fair amount to our client to settle your claim (usually much, much more at this point than the defendant could have paid at the beginning of the case to settle); or 2) face a jury for its conduct and risk an enormous verdict. This is the dilemma that we have been creating and forcing the defendant into for the entire case. We’ll engage in settlement negotiations at this point from a position of extreme strength, mainly because most defendants are (rightly) terrified of facing a jury to defend their conduct.
This is, candidly, our favorite part of the case – why we went to law school: to hold the powerful accountable before juries. We prepare heavily for trial, including: detailed witness preparation, focus groups, and mock trials. At this point, the potential outcomes and consequences for the defendant are much more severe than if it simply did the right thing at the beginning of the case and paid a fair amount to compensate our client for its misconduct. As we advocate to the jury for our client, we’re also mindful of protecting the record so that defendants will be unsuccessful in attacking the verdict in post-trial motions or appeal.
What Our Clients Say
Madia Law delivers!
Competence, I demand competence. Ashwin and Zane digested all the elements of my case, a complex case with a plethora of moving parts yet distilled it down to its essence. Don't be a victim, stand strong, keep your nose clean and give Sara a call at Madia Law.
If you’re reading this, it’s awful that you are in a position right now where you are online searching for an attorney. I searched online as you are perhaps doing now, read some reviews and settled on an attorney after doing some research. I’ll never forget how blown away I was after my first meeting with Ashwin Madia. I was fortunate to have this man represent me. . I am eternally grateful.
No need to search any longer. You’ve found the right lawyer.
I was referred to Ashwin Madia when it became evident that my case was going to jury trial. He is definitely an expert as a trial lawyer. I found him to be very straightforward, no nonsense, a clear communicator, and I was pleased with the outcome he brought at trial. I would recommend him, and I would go to him again to represent me if the need ever arises.
I would encourage you to spend some time reading Mr. Madia's impressive bio. If that doesn't have you convinced, I will tell you that as someone who spent over 19 years in law enforcement, I have never seen a better trial lawyer than Ashwin. His passion, expertise, ethical commitment, and his incredible memory of the facts, were some of the major reasons I prevailed in my discrimination lawsuit against my employer.Thanks again!
I was referred to Ashwin Madia by a friend, who is also a lawyer. Mr. Madia and his partners dove into my case and prepared for trial in three weeks. Madia Law Firm markets itself as a "trial" driven law firm, and it did not disappoint. Mr. Madia overwhelmed opposing counsel, and after 5 days of trial, the jury ruled in my favor.
My wife, who has been a trial attorney for over 20 years, described Madia's trial work as "amazing," and described his closing argument as one of the best she had ever seen. I highly recommend Madia Law.
I have the utmost respect for Ashwin Madia. Ashwin is professional, knowledgeable, sharp, and genuine. After three years of litigating against my employer, I found myself financially and emotionally drained.
I was ready to give up.
Just five weeks before trial, Ashwin agreed to take on my case and did an amazing and spectacular job at trial! We won! I am so thankful there are people like Ashwin in this world. From the bottom of my heart, thank you!
After being referred to Ashwin Madia I wasn't sure what to expect. Many times in the past I felt unsure of myself. I knew I wanted justice but many times in the past I've had to just walk away. This time was different; if you have the opportunity to get Ashwin Madia to represent you, I know you will have the ammunition you need to defeat your opposition to get the justice your seeking.
This is a spectacular attorney with the understanding of the rights and feelings of others, with the willingness to protect and stand up for those that may not have a voice. I thank you so much Mr. Madia.
Joshua Newville is a brilliant and tenacious attorney. When I met with him, I was close to giving up hope that I would find a solution with my employer, which is a large company with a General Counsel. Josh said he'd take on my case. He then got my employer to agree to mediation, an avenue it had previously refused while it engaged in delaying tactics for years. The fact that Josh brought them to the table was a feat in and of itself. Josh, along with lawyers from Gender Justice, fought to obtain an equitable settlement and to ensure that the issues of wrong-doing were addressed through policy changes within the company. I am incredibly grateful to have had Josh advocate for me. He is skilled, determined, and motivated to get justice for his clients.
I would highly recommend Madia Law. My experience with attorney Joshua Newville and legal assistant Sara Ion exceeded my expectations! I had a need for employment-related legal experts, and I explored three other firms before an attorney friend recommended Madia Law. My initial consultation with Joshua was superb, and throughout the entire process I felt heard and understood. My one regret was not contacting them sooner, as one important deadline had passed. Despite that, our result was far better -- and quicker -- than any of us expected. Thank you Joshua, Sara and Madia Law!
Aswhin is an incredible trial lawyer. When we realized that a claim against our business was definitely going to a jury trial in federal court we switched counsel to Ashwin and his team. At the 11th hour they got spun up on the facts and the law (intellectual property) and delivered an amazing performance against a huge "downtown" law firm. From the beginning of his opening statement it was clear that we made the right choice.
I can't recommend Madia Law highly enough.
I worked with Madia Law for three years on multiple, complex cases. A challenging and emotional situation was handled with professionalism, tenacity and frequent communication by Mr. Newville. I can't speak highly enough about Mr. Newville's ability to quickly understand complex technical issues and synthesize them into strong arguments. I would not hesitate to contact Madia Law in the future should the need arise!
If I could give Joshua Newville with Madia Law 10 stars I would! Josh explained exactly WHAT he intended to do, and the outcome he hoped could be achieved as well as each scenario in between.
Honestly I thought it all sounded too good to be true.
Josh approached the other party in my case with civility and solutions versus aggression and hostility. I feel confident this influenced the other party’s willingness to work for a mutually agreeable solution. If you need someone to fight for your best interest in a work situation, you won't find ANYONE who will do a better job!
Joshua Newville is a bright star to watch. During the handling of our case, he was thorough and highly competent. We were extremely satisfied with the outcome of Josh’s hard work on our behalf. Josh was excellent in communicating information and always promptly responded to correspondence we initiated. Josh had an exceptional grasp of the complexities involved in our case and was current on evolving national rulings/events and resulting implications for our situation. I highly recommend Madia Law.
Ash is an amazing Lawyer! He gave us great advice but still made sure the decision at the end was ours. He was willing to fight for us and did a wonderful job. I could not be more pleased with the outcome and I recommend him highly to anyone in the need of a lawyer. Ash was so smart and did such a great job of helping us understand the process and make sense of it all. He is not only extremely good at his job but he is also a great person. He lets his guard down and by the end of the process he felt more like a friend who was fighting for what was right! I can not say enough good things about him!
Attorney Zane Umstead recently represented my family's interest in a difficult legal situation. He was quite effective and direct in dealing with the opposing party; yet to us he was very kind, thoughtful and courteous. He even generously offered to waive his entire legal fee after spending a generous amount of his time working hard on the case, if we elected not to bring the conflict to a conclusion. His integrity is exemplary and he makes his profession respectable. We highly recommend Attorney Umstead with great enthusiasm.
What can I say about Madia Law, working with Zane and Cody was a privilege, working with Ashwin was a honor. This firm shows great appreciation and care to their clients. I wish nothing but success to all of them.
The future of Madia law is bright and prosperous.
Thank you again for believing in me and showing the little guy counts.