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Lebau & Neuworth lawyers have represented numerous employees of Amazon – which has huge warehouses and delivery centers in Maryland – in various disputes, including claims for overtime wages, wrongful termination, discrimination, harassment and disability benefits. Amazon's leave system is not only a huge inconvenience for its employees, but it could potentially be violating laws such as the Family Medical Leave Act (FMLA) and the Americans With Disabilities Act (ADA). Amazon's broken leave system could expose it to liability for violations of the FMLA or ADA. For example, if leave is denied because an employee's doctor note is lost, that may be a violation of the employee's rights under the FMLA and/or ADA; or if an employee who is on approved FMLA or ADA leave is terminated because Amazon's leave system marked him or her as "no-show," that could be a violation of the employee's rights under the FMLA and/or ADA. a serious health condition that makes the employee unable to perform the essential functions of his or her job; and any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on "covered active duty." The FMLA covers employers, such as Amazon, who have 50 or more employees in 20 or more workweeks in a year. Employees may be eligible for FMLA if they work for a covered employer for at least 12 months; have worked at least 1,250 hours during the 12 months before the leave; and work where the employer has at least 50 employees within 75 miles. The FMLA prohibits Amazon from disciplining any employee who has an FMLA-protected absence. This means that an employee should not receive an unfavorable evaluation or points when out on FMLA leave. Also, Amazon is required to return the employee to a substantially equivalent position (same pay and benefits) when returning from FMLA leave. Importantly, in Montgomery County, Maryland, Amazon has to comply with the county's paid sick leave law. This is in addition to having to comply with the FMLA and ADA. If you have questions about FMLA leave or ADA accommodations, Lebau & Neuworth may be able to help. For more information, contact us at 888-456-2529 or lebauneuworth.com/contact-us.

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