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Highlights

1. FMLA allows eligible employees to take up to 12 weeks of unpaid leave for health-related reasons.
2. Employers with 50+ workers and public agencies must comply with FMLA rules.
3. Employers cannot deny FMLA leave or interfere with employees’ rights.
4. Employers must reinstate employees to their original or equivalent positions after FMLA leave.
5. FMLA violation by employers can lead to legal penalties, including compensatory and punitive damages.

Are you worried your employer might be violating your rights under the Family and Medical Leave Act (FMLA)? Have you experienced pushback when requesting time off for personal or family medical reasons, noticed changes in your job responsibilities, or felt pressured to return to work before you're ready? 

These could be signs of an FMLA violation. It's important to know that the law protects you from unfair treatment when taking time off for serious health conditions, caring for a family member, or bonding with a new child. 

In this post, we'll guide you through how to spot common FMLA violations by employers, common examples, and penalties for violating FMLA. 

What Is the Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act (FMLA) gives eligible workers the right to take time off for their own or a family member’s serious health while protecting their job. Created in 1993, FMLA allows employees to take up to 12 weeks of unpaid leave each year, with continued benefits like health insurance. Companies with more than 50 workers and all public agencies must follow FMLA rules.

To be eligible for FMLA, you must have worked for your employer for at least 12 months or 1,250 hours in the past year. Common reasons people use FMLA include:

1. Having or caring for a newborn baby
2. Caring for a family member with a serious illness
3. Taking care of your serious illness that makes it hard to work
4. Caring for a child placed with you through adoption or foster care

If your employer doesn’t follow FMLA rules, they violate the law. Employers also cannot punish you for asking for or using FMLA leave. Moreover, if you face FMLA confidentiality violations, you can file a claim against your employer for retaliation or interference and seek compensation.

Common Examples of FMLA Violations By Employers

All eligible employees have the right to FMLA leave, but there are three main conditions you must meet:

1. You must have worked for your employer for at least 12 months.
2. You must have worked at least 1,250 hours over the last 12 months.
3. Your employer must have at least 50 employees within 75 miles of your worksite.

Even with these clear rules, some employers make mistakes or knowingly break FMLA rules. If you feel your rights are being violated, you should speak up.

Here are some common examples of FMLA violations:

1. Refusing to Grant FMLA Leave

Many FMLA violations by employers happen when they don’t grant leave or give inappropriate reasons for denying it. Here are two common scenarios:

1. Inappropriate Denial Reasons: You don’t have to request "FMLA leave specifically," but you must provide enough information for your employer to know if your situation qualifies. Sometimes, employers deny leave, claiming you didn’t provide enough info, allowing them to replace or stop paying you.
2. Denying Intermittent Leave: The FMLA allows you to take leave in intervals (for example, a few hours or days). Some employers may deny this type of leave, saying it disrupts operations or is too hard to manage. This is a violation of FMLA.

2. Interfering with FMLA Rights

Some employers take actions that prevent employees from using their FMLA leave. Examples include:

1. Discouraging Employees from Using FMLA Leave: Some employers may create a hostile environment, give negative feedback, or imply that taking leave could hurt your career. These actions are illegal and can have serious consequences for the employer.
2. Making Employees Work During FMLA Leave: Employers cannot ask employees to work while on FMLA leave. For example, they can’t make you answer emails or attend meetings. They may ask for essential items like keys or login info, but anything beyond that is a violation.

3. Failing to Reinstate Employees After FMLA Leave

After FMLA leave, employers must allow employees to return to their job or an equivalent position. Violations include:

1. Job Position Changes: Some employers may give you undesirable tasks or reduce your hours to discourage you from taking leave again. This is a violation of FMLA rights.
2. Refusal to Reinstate: Sometimes, employers refuse to let employees return to their original jobs after taking FMLA leave. This is illegal and can lead to legal action.

If any of these violations of Family Medical Leave Act happen to you, it’s important to consult with an attorney experienced to protect your rights.

Penalties for FMLA Violation Regulations

In case of FMLA violations by employers, they may face several penalties, including:

1. Payment of Actual Damages: This covers the employee’s financial losses, like back pay (lost wages) and front pay (future lost wages).
2. Compensatory Damages: Employers may need to pay for emotional distress caused by the violation, including pain, suffering, and embarrassment.
3. Punitive Damages: Additional fines will discourage employers from breaking FMLA rules again.
4. Attorneys’ Fees and Costs: The employer may have to cover the employee’s legal fees, including attorney and court expenses.
5. Employee Training: Employers might be required to provide FMLA training to staff, supervisors, and management to ensure future compliance.
6. Expert Witness Fees: Employers may also be responsible for paying expert witness fees if the case goes to trial.

Employers must follow FMLA regulations to avoid these penalties and protect employees' rights.

How to Report FMLA Violations By Employers?

In case of violation of FMLA by employer, you can file the report by following this procedure:

1. Talk to Your Employer: Discuss the issue with your employer or HR department first. Sometimes, issues can be resolved informally.
2. File a Complaint with the Department of Labor (DOL): You can file a complaint with the DOL’s Wage and Hour Division online, by mail, or by phone. The DOL will investigate and take action if a violation is found.
3. File a Lawsuit: If the violation is serious, you can sue your employer in court. This option is often the most costly and time-consuming, so it’s usually used for severe cases.
4. Contact an Employment Attorney: An attorney can help you understand your rights, advise you on your options, and represent you if you decide to take legal action.

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Summary

The Family and Medical Leave Act (FMLA) is a critical law that protects employees' rights to take unpaid leave for personal or family health-related reasons while ensuring job security. Moreover, in case of your FMLA violations by employers, you must address the issue promptly by discussing it with your employer, filing a complaint, or seeking legal assistance to protect your rights.

FAQs

What Is Considered FMLA Abuse?

FMLA abuse refers to the misuse of the Family and Medical Leave Act, such as taking leave for reasons not covered by the law, falsifying information, or taking leave in a pattern that disrupts the employer's operations.

Can An Employer Use FMLA Against You?

No, employers cannot retaliate against employees for taking FMLA leave. It is illegal for employers to discriminate or take adverse actions against an employee for exercising their rights under FMLA.

How To Report FMLA Violations?

To report FMLA violations, you can file a complaint with the U.S. Department of Labor's Wage and Hour Division or consult an attorney for guidance on your specific situation. Documentation of the violation will help support your claim.