FMLA Violations by Employers

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The Family and Medical Leave Act (FMLA) offers job-protected leave for many employees who need time off from work to deal with medical issues for themselves or immediate family members in their households. FMLA violations by employers are more common than most people would expect, and many employees don’t understand their rights under the FMLA.

What Is the FMLA?

The FMLA stipulates that qualifying employers offer qualifying employees job-protected leave in qualifying situations. But what circumstances require an employer to comply with the FMLA?

Employers are obligated to comply with the FMLA under the following conditions:

  • The employer employs at least 50 people
  • Those employees work at least 20 weeks of the year
  • The employees work within 75 miles of the employer’s location
  • The employer is any government entity, including a public school

Employees must also meet certain conditions to request FMLA leave, as follows:

  • They have worked 1250 hours over the past 12 months
  • They have worked for the employer for at least 12 months (need not be consecutive)
  • They are requesting a leave of absence for themselves or to care for an immediate family member

An immediate family member must have a direct relationship with the employee, such as a spouse, child, or parent. Unmarried partners, pets, in-laws, or other non-immediate family members do not qualify an employee to take FMLA leave.

What Is a “Serious Health Condition” Under the FMLA?

Under the FMLA, employees can take up to 12 weeks of unpaid leave annually for “serious health conditions.” Employers must maintain the employee’s job or offer a similar position upon their return to work if the position has been filled.

The following count as serious health conditions under the FMLA:

  • Pregnancy, childbirth, and caring for a newborn child
  • Adopting a child
  • Caring for an immediate family member with a serious health condition
  • Ongoing treatment for a chronic health condition
  • Surgeries that render you or an immediate family member incapacitated for three or more days
  • Complications from lesser illnesses or injuries
  • Other qualifying health issues

What Actions Constitute an Employer’s Violation of Your FMLA Rights?

You don’t necessarily need to formally request FMLA leave. Any employer required to comply with the FMLA should automatically offer it to qualifying employees. Violating your FMLA rights could be as simple as an employer claiming that you didn’t request FMLA leave, even if you gave a generous amount of notice.

Other FMLA violations by employers include:

  • Requesting that you work while on leave
  • Failing to post the appropriate information about the FMLA for employees and prospective employees to review
  • Failing to adhere to job protection standards to reinstate an employee returning from FMLA leave to their previous or a comparable position
  • Interfering with employee benefits while on leave
  • Discrimination or retaliation against employees requesting leave under the FMLA

Contact a Knowledgeable FMLA Attorney Serving Florida and Georgia

FMLA violations by employers are all too common. You can stand your ground and fight against employers violating your FMLA rights with the help of an experienced FMLA violations attorney. Call The Leach Firm at 844-722-7567 or contact us online for help with any labor law case in Florida or Georgia.