Family and Medical Leave Act Violations

• Not informing the employee of the FMLA rights. Every employer must inform their employees of their rights to take leave, often it is spelled out in the employee handbook.
• Not informing the employee that their leave will count toward their 12 weeks. The employee has the right to know how much time they can take without repercussions.
• Disciplining the employee for taking time off. The employee has the right to return to work without worrying that they will be “written up” for missing work.
• Disciplining the employee for using their FMLA allowance. Similar to the previous violation, this is retaliation against the employee for exercising their rights.
• Not reinstating the same, or equivalent, position. The employee should not have to worry that he or she will be demoted upon return to work.
• Terminating, or firing, the employee during or immediately after the use of FMLA leave. The employee should not have to worry that their job is at jeopardy because they needed time off.
• Not granting FMLA leave because the employer does not think their condition is a “serious health condition.” The conditions that are eligible are clearly spelled out on the Department of Labor website.
• Not giving the employee adequate time to obtain written medical certification. The law states that the employee has 15 days to get a doctor’s note if it should be required by the employer.
• Denying approval for FMLA leave because of “insufficient notice.” The employee is required to give notice as soon as possible. Some notices must be immediate (medical emergencies) and some can be scheduled (upcoming surgeries).
• Requiring you to return to work before you are ready, or return for “light duty” work. During the FMLA leave the employee and their doctor determine when they are fit to return to work.

There are a number of different provisions that accompany the Family and Medical Leave Act. When an employer violates any one of them, they are infringing on the rights of the employee. The employee can take action against the employer and be made whole again.

Contact Phillips Dayes

The attorneys at Phillips Dayes hold employer responsibility in high regard. They do not take violations of the FMLA lightly, and neither should you. If you feel your rights have been violated by your employer, contact a lawyer from the by completing the form on this page, or by calling 1-800-917-4000. An attorney is ready to do your initial case review.