FMLA Attorney in Philadelphia

Representing Philadelphia Employees in Federal Leave Disputes

When an employer denies, cuts short, or retaliates against protected family and medical leave, employees in Philadelphia need a clear path forward. At The Law Firm of Morgan Rooks, P.C., we represent workers across Philadelphia County in FMLA disputes, including denied leave requests, interference with approved leave, and wrongful termination tied to taking leave. We’ve successfully represented numerous clients in FMLA matters, and we assess each situation individually before pursuing compensation.

If your employer has interfered with your right to take job-protected leave, call our Philadelphia FMLA attorneys at (856) 746-6332 for a free consultation.

How We Approach FMLA Cases

We don’t treat FMLA claims as routine paperwork. Every client’s situation involves different employer conduct, different leave timelines, and different consequences, so we invest time in understanding the full picture before recommending a course of action.

Our proactive approach means we identify procedural and substantive issues early, before they become obstacles. Because we represent employees on both sides of the Delaware River, in Pennsylvania and New Jersey, we’re positioned to evaluate whether a Philadelphia employer’s nearby South Jersey worksites count toward the 50-employee, 75-mile coverage threshold that determines whether the FMLA applies at all.

FMLA Eligibility & the Employer Coverage Threshold

Not every employee or employer is automatically covered. To be eligible, an employee must have worked for their employer for at least 12 months and logged at least 1,250 hours during the 12 months before leave begins.

On the employer side, private-sector companies must have 50 or more employees in 20 or more workweeks in the current or preceding calendar year. All public agencies and public or private schools are covered regardless of size. The 75-mile rule matters here: if an employer has at least 50 total employees within 75 miles of a worker’s worksite, that employee may be covered even if their own location has fewer than 50 workers. For many Philadelphia employees, that radius reaches into Camden County and other South Jersey locations, which is where our cross-state practice can identify coverage that might otherwise be missed.

What FMLA Leave Covers

Eligible employees may take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for several qualifying reasons:

• Birth and care of a newborn child
• Adoption or foster placement of a child
• Caring for a spouse, child, or parent with a serious health condition
• The employee’s own serious health condition that prevents them from performing their job
• A qualifying military exigency arising from a family member’s covered active duty

Employees caring for a covered servicemember with a serious injury or illness may take up to 26 workweeks of military caregiver leave within a single 12-month period. Leave can be taken all at once, intermittently, or on a reduced schedule when medically necessary. Employers must also maintain group health benefits during leave on the same terms as if the employee had continued working.

How Philadelphia Employers Violate the FMLA

Pennsylvania has no statewide law requiring employers to provide paid family or medical leave, so the federal FMLA is the primary job-protection right for most Philadelphia employees. That makes employer compliance particularly important, and violations are more common than many workers realize.

Unlawful conduct includes denying a valid leave request, pressuring an employee to return early or work remotely in place of leave, counting FMLA absences against attendance records or performance reviews, and failing to reinstate an employee to the same or an equivalent position after leave ends. The law specifically prohibits employers from interfering with, restraining, or denying FMLA rights, and from discharging or discriminating against an employee who exercises those rights.

Steps to Take After an FMLA Violation

An employee whose FMLA rights were violated has three options: raise the issue directly with the employer, file a complaint with the U.S. Department of Labor’s Wage and Hour Division, or file a civil lawsuit. The filing deadline matters. Generally, employees have two years from the date of the last violation to bring a lawsuit, extended to three years if the violation was willful.

Acting quickly preserves your options and the evidence that supports your claim.

What a Successful FMLA Claim Can Recover

Under 29 U.S.C. Section 2617, a successful FMLA claim can recover wages, salary, employment benefits, or other compensation denied or lost because of the violation, plus interest. Courts typically add liquidated damages equal to that same amount, which can effectively double the recovery, unless the employer demonstrates the violation was in good faith. The statute also permits courts to award reasonable attorney’s fees and costs, along with equitable relief such as reinstatement or promotion.

Talk to a Philadelphia FMLA Lawyer at No Upfront Cost

We work on a contingency-fee basis, meaning you pay nothing unless we win your case. If your employer has denied, delayed, or retaliated against your protected leave, we want to hear what happened.

Your initial consultation is free with no obligation to move forward. Call The Law Firm of Morgan Rooks, P.C. at (856) 746-6332 to speak with an FMLA attorney about your situation.