Do you offer a free consultation for startups?

Yes. The Rhodes Law Firm offers a free initial consultation — no obligation, no pressure.

What legal services do you offer for startups and entrepreneurs?

We offer corporate formation, contract drafting, outside general counsel, IP protection, regulatory compliance, and investor agreement support for startups in Louisiana and nationally.

Do you handle divorce and child custody cases in Louisiana?

Yes. The Rhodes Law Firm provides compassionate family law representation including divorce, legal separation, child custody, child support, spousal support, and adoption throughout Louisiana.

How much does a family law attorney cost in New Orleans?

The Rhodes Law Firm offers a free initial consultation so you can understand your options before making any financial commitment. Contact us at (504) 475-0975 to get started.

Where is The Rhodes Law Firm located?

The firm is based in New Orleans, Louisiana and serves clients statewide and nationally.

How do I contact The Rhodes Law Firm?

Call (504) 475-0975 or schedule a consultation at therhodeslawfirm.com.

What does the FMLA provide?

The Family and Medical Leave Act (29 U.S.C. § 2601 et seq.) provides eligible employees up to 12 weeks of unpaid, job-protected leave per year for: serious health conditions of the employee or a family member; birth, adoption, or foster placement of a child; and qualifying military exigencies. Employees returning from FMLA leave must be restored to the same or equivalent position.

Who is eligible for FMLA leave?

To be eligible, an employee must: (1) work for an employer with 50+ employees within 75 miles; (2) have worked for the employer for at least 12 months; and (3) have worked at least 1,250 hours in the preceding 12 months. Both full-time and part-time employees may qualify if they meet the hours requirement.

Can I be fired while on FMLA leave?

You cannot be fired FOR taking FMLA leave — that is FMLA interference or retaliation. However, you can be fired while on leave for legitimate, non-leave-related reasons that would have resulted in termination regardless of the leave (e.g., a company-wide layoff). Courts examine whether the employer would have taken the same action absent the FMLA leave. Timing matters: firing immediately upon or shortly after return from FMLA raises a strong inference of retaliation.

What is FMLA interference?

FMLA interference occurs when an employer denies, restrains, or discourages an employee's exercise of FMLA rights. Examples: denying FMLA leave for a qualifying condition; failing to notify the employee of FMLA eligibility when the employer knows the leave qualifies; discouraging leave-taking; and restoring the employee to an inequivalent position upon return.

What is FMLA retaliation?

FMLA retaliation occurs when an employer takes adverse action against an employee because the employee exercised FMLA rights. Examples: termination after returning from FMLA; demotion or reduction in pay upon return; negative performance reviews that began after FMLA leave was requested or taken; and exclusion from projects or promotion consideration.

Does my employer have to pay me during FMLA leave?

FMLA provides unpaid leave. However, employers may (and often do) require employees to use accrued paid leave (vacation, sick time, PTO) concurrently with FMLA leave. If the employee has no accrued leave or the employer does not require concurrent use, the leave is unpaid. Some states have their own paid family leave laws — Louisiana currently does not have a state-mandated paid leave program.

What qualifies as a serious health condition under FMLA?

A serious health condition is an illness, injury, impairment, or physical or mental condition involving: inpatient care; continuing treatment by a health care provider; incapacity for more than 3 consecutive calendar days plus continuing treatment; chronic conditions requiring periodic treatment; permanent or long-term incapacity; or conditions requiring multiple treatments.

What is the statute of limitations for FMLA claims?

FMLA claims have a 2-year statute of limitations for non-willful violations and a 3-year statute of limitations for willful violations. Unlike most employment discrimination claims, FMLA claims do not require prior EEOC filing. You can file directly in federal or state court. Contact an employment attorney promptly — the limitations period begins running from the date of the FMLA violation.

Can I take FMLA leave for mental health?

Yes. A serious mental health condition (depression, anxiety, PTSD, bipolar disorder, etc.) that requires inpatient care or continuing treatment by a health care provider qualifies for FMLA leave. Many employees are unaware that mental health conditions qualify. Documentation from a treating healthcare provider is required to support the FMLA request.

What damages are available in an FMLA lawsuit?

FMLA damages include: lost wages and benefits (back pay) for the interference or retaliation period; an equal amount as liquidated damages (doubling the recovery) unless the employer proves it acted in good faith; front pay (future lost wages); and attorney's fees and costs. Reinstatement may also be ordered.

Employment Law

FMLA Lawyer — Louisiana

Family & Medical Leave Act · FMLA Interference · FMLA Retaliation · Job-Protected Leave

The FMLA provides eligible employees up to 12 weeks of unpaid, job-protected leave for serious medical conditions and family needs. You cannot be fired for taking FMLA leave — that is FMLA interference or retaliation under 29 U.S.C. § 2615. Employers who deny FMLA leave, demote returning employees, or fire employees for exercising FMLA rights may owe back pay, liquidated damages (double the back pay), and attorney's fees. The statute of limitations is 2–3 years.

Written & Reviewed By

Jonathan M. Rhodes

Attorney at Law — The Rhodes Law Firm

Practice Areas: Employment Law — FMLA Claims · Last Updated: September 24, 2026

Serving: Orleans Parish, Jefferson Parish, St. Charles Parish, Louisiana

Two Types of FMLA Claims

FMLA Interference

Employer denies, restrains, or discourages FMLA rights. Does not require bad intent — if FMLA leave was improperly denied, interference occurred. You do not need to prove the employer acted with discriminatory motive.

FMLA Retaliation

Employer takes adverse action (termination, demotion, reduced hours) because the employee exercised FMLA rights. Timing evidence — adverse action shortly after FMLA leave — creates a strong inference of retaliation.

Speak With an FMLA Attorney

Jonathan M. Rhodes represents Louisiana employees in FMLA interference and retaliation cases. Free consultation — no EEOC filing required for FMLA claims.

Schedule a Consultation (504) 475-0975

Related Employment Law Resources

Wrongful Termination

Fired for taking FMLA leave.

Workplace Retaliation

Retaliation for FMLA leave.

Disability Accommodation

ADA and FMLA overlap.

Employment Law Hub

All employment law services.

FMLA Claims in Louisiana — FAQ

Protect Your Workplace Rights

FMLA statute of limitations: 2–3 years. No EEOC filing required. Free initial consultation.

Schedule a Free Consultation (504) 475-0975