Family and Medical Leave (FMLA) Claims

If you have worked for your employer for a period of one year and for a minimum of 1,250 hours, the Family and Medical Leave Act (FMLA) of 1993 may provide you with job security for up to twelve (12) months (each calendar year) when you need time off from work due to your own serious medical/health condition, a close/immediate family member’s serious health condition, to care for a newborn child, or during placement of an adopted or foster child.

Specifically, the EPA provides that employers may not pay unequal wages to men and women who perform jobs that require substantially equal skill, effort and responsibility, and that are performed under similar working conditions within the same establishment.

Under some circumstances, pay differentials between males and females may be permitted when such pay differences are “truly” based on seniority, merit, quantity, quality of production, or factors other than a person’s sex. These are known as “affirmative defenses.” It is the employer’s burden to prove if any affirmative defenses apply to your case.

If you feel that you have been under-compensated because of your gender and your employer does not have a legitimate “affirmative defense,” please complete the contact form or call us at 904.434.7553 to set up an appointment to discuss your case.