Family and Medical Leave Violations: Protecting Your Rights Under the FMLA
Introduction to the Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) provides essential protections for employees balancing work responsibilities with personal and family health needs. Despite these protections, many employees face family and medical leave violations, ranging from denied leave requests to retaliation for exercising their rights. Understanding your rights under the FMLA is crucial, especially if your employer has acted unlawfully.
This page explores the FMLA in depth, identifies common types of violations, and provides some actionable advice on what to do if your rights are violated. Whether you're dealing with a wrongful leave denial or suspect retaliation, this guide is designed to empower you with knowledge and confidence to take the next steps to protect your interests.
Let’s start by examining what the FMLA is and the protections it offers employees.
What Is the Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act is a federal law that ensures eligible employees can take unpaid, job-protected leave for specific family and medical reasons. Enacted in 1993, the FMLA is a cornerstone of employee rights, designed to prevent workers from having to choose between their health and their livelihood.
Overview of FMLA Protections
Under the FMLA, eligible employees of covered employers can take up to 12 weeks of unpaid leave in a 12-month period for qualified reasons. These reasons include:
- Birth or adoption of a child or placement of a child in foster care.
- Caring for a spouse, child, or parent with a serious health condition.
- Recovering from your own serious health condition that prevents you from performing essential job duties.
- Exigencies related to military service, such as a family member’s deployment.
When an employee takes FMLA leave, their employer is required to:
- Maintain group health insurance coverage as if the employee were still working.
- Restore the employee to the same or an equivalent position upon their return.
- Not retaliate in any manner against the employee for taking or requesting FMLA leave.
Eligibility Requirements
Not all employees qualify for FMLA protections. To be eligible for FMLA leave, you must meet specific criteria:
- Work for a covered employer: This includes private-sector employers with 50 or more employees within a 75-mile radius, public agencies, and schools.
- Work 1,250 hours: You must have worked at least 1,250 hours for your employer during the 12 months preceding your leave. This equates to approximately 24 hours per week.
- Have 12 months of service: These months need not be consecutive, but short gaps in employment may affect eligibility.
Defining Serious Health Conditions
One of the most litigated aspects of the FMLA is what constitutes a “serious health condition.” Common examples include:
- Conditions requiring inpatient care (hospital stays or similar treatment).
- Chronic conditions requiring periodic treatment, such as asthma or diabetes.
- Pregnancy-related conditions, including prenatal care and recovery from childbirth.
Your employer may require medical certification to verify the necessity of FMLA leave, but they must comply with FMLA regulations in doing so.
Common Family and Medical Leave Violations
Despite the protections the FMLA provides, family and medical leave violations are unfortunately common. These violations occur when employers fail to comply with their obligations under the law or act unlawfully to discourage employees from exercising their rights. Understanding the ways these violations manifest can help employees recognize and respond to them effectively.
Denial of FMLA Leave
One of the most blatant violations is when an employer wrongfully denies an employee’s FMLA leave request. This can happen for various reasons:
- Claiming ineligibility despite the employee meeting FMLA requirements.
- Demanding excessive proof of the medical condition or family situation.
- Refusing to acknowledge valid reasons for leave, such as caring for a seriously ill family member.
Retaliation for Taking FMLA Leave
Retaliation is another common violation, occurring when an employer punishes an employee for taking or requesting FMLA leave. Retaliation can include:
- Terminating employment shortly after a leave request or return from leave.
- Reducing pay, hours, or responsibilities as a form of punishment.
- Harassment or intimidation meant to deter the employee from taking future leave.
Failure to Reinstate After Leave
Under the FMLA, employers must reinstate employees to the same or an equivalent position after their leave ends. However, some employers:
- Refuse to reinstate the employee.
- Offer a demotion or less desirable position.
- Assign different job duties that undermine the employee’s previous role.
Interference with FMLA Rights
Employers may engage in behaviors that indirectly interfere with an employee’s ability to use FMLA leave, such as:
- Discouraging employees from applying for leave.
- Misrepresenting leave policies or eligibility.
- Delaying the approval process unnecessarily.
These tactics often create prevent or deter employees from exercising their protected rights and are unlawful under the FMLA.
For more on employer obligations, see the Department of Labor Fact Sheet on FMLA protections.
Steps to Take If You Experience FMLA Violations
Signs Your Employer May Be Violating Your Rights
Recognizing violations can be challenging, but common red flags include:
- Being pressured to delay or cancel leave due to “business needs.”
- Receiving negative performance reviews or disciplinary actions tied to your leave request.
- Facing a sudden shift in your job responsibilities after returning from leave.
If you notice any of these warning signs, it’s crucial to document the incidents and consult an employment lawyer to assess your situation.
If you believe your employer has violated your FMLA rights, taking immediate and strategic steps is critical. Addressing the issue promptly can protect your job, your benefits, and your legal claims. Here’s how to navigate these situations effectively.
1. Document Everything
Keep detailed records of:
- Your leave request and the employer’s response.
- Any retaliatory actions, such as reduced hours or termination.
- Conversations or emails that suggest your employer is interfering with your rights.
These records are critical for building a strong legal case.
2. File a Complaint Internally
- Submit a formal complaint with your employer’s HR department.
- Reference the specific facts and dates of when your request was made, the company’s response, and any other pertinent information to create a comprehensive record.
3. Contact an Employment Lawyer
FMLA cases can be complex, and employers often have legal teams ready to defend their actions. Our experienced employment law team can:
- Evaluate your case to confirm a violation occurred.
- Advise you on how to proceed without jeopardizing your job.
- Represent you in negotiations or litigation to secure compensation or reinstatement.
4. File a Legal Claim
If internal resolutions fail, our team can help you:
- Negotiate with your employer to obtain a favorable settlement on your behalf, often times without needing to file a lawsuit
- Pursue legal action to recover lost wages, benefits, and other damages.
Don’t wait—strict deadlines apply to FMLA claims. Schedule a free consultation to learn how we can help.
How an Employment Lawyer Can Help with FMLA Violations
When you experience family and medical leave violations, an employment lawyer can be an invaluable ally in protecting your rights and seeking justice. Employers often have legal teams working to minimize their liability, making it critical for employees to have experienced legal representation.
At MacDonald Law, PLLC, we’ve successfully handled numerous FMLA violation cases. Here’s how an employment lawyer can assist you:
1. Evaluating Your Case
An employment lawyer will begin by assessing the details of your situation to determine whether you have a valid FMLA claim. Key factors they consider include:
- Eligibility under the FMLA: Whether you meet the requirements for coverage.
- Evidence of violations: Including denial of leave, retaliation, or interference.
- Damages: How the violation affected your wages, benefits, or emotional well-being.
This evaluation can clarify your legal options and the potential outcomes of pursuing a claim.
2. Recovering Damages
If your FMLA rights have been violated, your lawyer will work to recover the compensation and remedies you deserve. These can include:
- Back pay: Compensation for lost wages or benefits during the period of violation.
- Reinstatement: Securing your return to your original or an equivalent position.
- Liquidated damages: In cases of willful violations, your employer may owe additional compensation.
By leveraging their legal expertise, an employment law attorney can ensure that your rights are adequately protected and no avenue for recovery is overlooked.
3. Representing You in Settlement or Litigation
An employment lawyer can guide you through the decision to settle or proceed to litigation:
- Settlement negotiations: Your lawyer will negotiate with your employer to reach a fair agreement without going to court.
- Litigation: If necessary, they will represent you in court, presenting evidence and advocating for your rights.
An experienced employment lawyer understands the strategies employers use and can counter them effectively to strengthen your case.
Frequently Asked Questions About Family and Medical Leave Violations
Employees often have questions about their rights under the Family and Medical Leave Act (FMLA), especially when they suspect their employer has violated the law. Below are some of the most common inquiries to help you better understand your situation and the protections available.
What Should I Do If My FMLA Request Is Denied?
If your FMLA request is denied, first confirm whether you meet the eligibility requirements and your leave reason qualifies under the FMLA. If you believe the denial is wrongful:
- Ask for the denial in writing, along with an explanation.
- Document the situation and consult an employment lawyer for advice on challenging the denial.
Can My Employer Fire Me While I’m on FMLA Leave?
No, your employer cannot fire you for taking or requesting FMLA leave. However, they can terminate your employment for unrelated reasons, such as performance issues or company restructuring. If the timing seems suspicious, document the events and seek legal counsel to evaluate whether you have a retaliation claim.
How Long Do I Have to File a Complaint for an FMLA Violation?
You generally have two years to file a complaint with the Department of Labor or pursue a lawsuit for an FMLA violation. For willful violations, this period extends to three years. Acting promptly and speaking with an employment lawyer ensures you don’t miss critical deadlines.
Can I Use FMLA Leave for Mental Health Conditions?
Yes, mental health conditions qualify for FMLA leave if they meet the criteria for a “serious health condition.” Examples include:
- Hospitalization or inpatient care for mental health treatment.
- Conditions requiring ongoing treatment by a healthcare provider.
Documentation from a medical professional may be required to approve leave depending on the circumstances.
What If My Employer Doesn’t Have Enough Employees to Qualify for FMLA?
If your employer doesn’t meet the size requirement of 50 employees within a 75-mile radius, the FMLA won’t apply. However, some states have family leave laws that provide similar protections with lower employee thresholds. Consulting a lawyer can clarify your options under state laws.
Not sure if you qualify? Contact us for a free consultation, and we’ll evaluate your eligibility and help you protect your rights.
Take the First Step Toward Justice
Family and medical leave violations can cause unnecessary stress and hardship during already challenging times in your life. The Family and Medical Leave Act (FMLA) was designed to protect employees from having to choose between their personal health or family responsibilities and their jobs. Unfortunately, not all employers uphold these protections, leaving employees vulnerable to wrongful denials, retaliation, and interference with their rights.
You don’t have to face an FMLA violation alone. At MacDonald Law, PLLC, we’re here to fight for your rights and help you get the justice you deserve.
Contact us today for a free, no-obligation consultation and take the first step toward protecting your job, benefits, and future.
Your rights matter, and we’re here to help you protect them.