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FMLA & USERRA Protection Lawyers

Protecting Families & Military Service Members

Recognizing the need to protect the rights of families and military service personnel, Congress has enacted the Family Medical Leave Act (FMLA) and The Uniformed Services Employment and Reemployment Rights Act (USERRA). These acts allow employees the right to go on extended leave to attend to important family matters, health issues, or military service.

Request a case evaluation with one of our Indianapolis employment attorneys.

If your employer is preventing you from taking your federally-sanctioned time off work or have retaliated against you for doing so, you have a right to take them to court! With more than five decades of combined experience advocating for the rights of employees, our Indianapolis employment law attorneys offer the tough legal counsel you deserve to assert your right to extended leave.

The Family and Medical Leave Act (FMLA)

Under The Family and Medical Leave Act (FMLA), federal law grants eligible employees up to 12 weeks off from work within a 12-month period to tend to specified family matters or health concerns. Family members of active military service personnel may qualify for additional leave. FMLA also mandates that your employee health benefits continue under the same conditions during your leave and once you return.

FMLA allows an employee to take time off work for the following events:

  • The birth or adoption of a child
  • Caring for a family member with a serious health condition
  • Handling the demands resulting from a family member's military deployment
  • Recovery from a serious medical concern

Regardless of whether you take your allotted time off all at once or in increments, you are entitled to be restored to your original position or its equivalent when you return. This includes all previously agreed upon terms and conditions of employment, including benefits. An employer may not count your time off against you or retaliate against you in any way for taking FMLA leave.

Notifying Your Employer of Foreseeable Leave

Certain life events, such as a sudden illness or unexpected injury are unforeseeable and do not require prior notification be given to your employer. However, taking leave for foreseeable matters, such as scheduled medical treatments for a serious health concern, do require that you notify your employer ahead of time.

The regulations governing how much notice you must give an employer vary greatly and are quite complex. If you are planning on taking FMLA leave in the near future, contact our firm immediately! Our insightful employment law attorneys can advise you of your rights and detail your legal responsibilities so you can make informed decisions that will be protected under your FMLA leave.

What You Need to Know About USERRA

The Uniformed Services Employment and Reemployment Rights Act (USERRA) offers protection of employment rights to individuals who have served in the U.S. military. In many ways, USERRA functions like FMLA does. USERRA grants an individual up to five years of leave, and it also prohibits employers from firing these employees without cause for up to one year after the employee returns.

In addition, USERRA mandates that employers reinstate the employee to their original position, or an equivalent position with all promotions and benefits they may have obtained if they had not left for military duty. Protections in Indiana state law extend to military reserve members as well— reserve personnel must be granted up to 15 days’ leave per year for training purposes. Employers who prevent employees from taking their allotted time off of work may have criminal sanctions imposed on them.

Know your rights. Receive an evaluation today!

Congress places a high value on family bonds and military service. If your employer has inhibited your right to take FMLA or USERRA leave or has retaliated against you for taking time off, you can take legal action!

Hear it From
Our Clients

  • Andrew greatly helped me to feel reassured that I was not jeopardizing it further by seeking legal counsel.

    “Andrew was very personable, yet very serious. This was my first encounter with the legal system, my integrity had never been attacked and I felt like it was and wanted to be represented in keeping that from happening. Andrew greatly helped me to feel reassured that I was not jeopardizing it further by seeking legal counsel. I now have a different view of the legal system.”

    Nina

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    P.G.

  • From the beginning he spelled out my options, was very caring but no-nonsense, and explained what may or may not happen.

    “Andrew Dutkanych provided excellent legal counsel for me. I sought his counsel for an employment issue regarding harrassment and age discrimination and was both emotional and angry that my managerial position was being eroded and my duties systematically taken away. He carefully listened to my concerns and confirmed that I indeed had an EEOC case based on age discrimination. From the beginning he spelled out my options, was very caring but no-nonsense, and explained what may or may not happen. He filed all documents immediately, always returned phone calls or e-mails and successfully negotiated a settlement. Perhaps most importantly, he helped keep me calm when my employer was clearly increasing her harrassment in the hopes that I would quit or walk out. I would definitely recommend him and thank him again for his expertise!”

    T.M.

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    Roger Ambrose

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    “Andrew Dutkanych provided legal counsel to me regarding my claim of wrongful termination, based on age and national origin factors. During the subsequent litigation, I found Andrew to be resourceful, responsive, and tireless in his pursuit of a remedy to this matter. Well versed in applicable law, I was also impressed by his grasp of the economics of my claim as well as his keen insight into the behaviors and motivation of the defendant and opposing counsel. Andrew acted as my "partner" during the litigation, and I was pleased that our strategies and decisions were well conceived and discussed beforehand. I was also pleased that Andrew was upfront with me in declaring that his intention was to "achieve a satisfactory agreement", and not to fight for the sake of fighting. The matter reached a successful conclusion, and I heartily recommend Andrew as an employment rights attorney.”

    S. N.