Did my employer violate the FMLA?

On Behalf of | Nov 7, 2022 | FMLA |

American workers have protection under the Family and Medical Leave Act (FMLA). According to the federal act, eligible employees have certain entitlements to take unpaid medical and family leave while continuing their health insurance and without fear of losing their job.

Unfortunately, employers do not always act in good faith. Continue reading if you believe your company violated the FMLA.

First, you should know if your employer must comply with the act. Companies with 50 or more employees must follow the FMLA. However, this does not mean every employee has eligibility. To gain protection, you must work for the employer for one year and log 1,250 working hours. The 50 employees must also work within a 75-mile radius of your facility.

Qualifying reasons to take leave include:

  • A severe medical problem in the family
  • The birth or adoption of a child
  • A serious medical issue with the employee
  • Specific difficulties from a family member’s military deployment

Employers might make mistakes when they deny your right to FMLA coverage. For example, many companies discipline their employees for excessive absences. However, employers cannot count qualifying FMLA leave. If your employer punishes you for an absence protected by the FMLA, they violate the act.

Employers must inform their employees of their FMLA rights. You must also notify your employer of your need for FMLA leave. However, you do not have to name the FMLA to qualify for its protection. If you give a valid reason for leave, your employer must honor the FMLA without any further action on your part.


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