Has My Employer Violated FMLA?
The Family and Medical Leave Act requires eligible companies to adhere to certain obligations to their employees, including up to 12 unpaid, job-protected workweeks. And yet, some companies fail to follow FMLA as they should whether it is not providing enough information to employees or law misinterpretation.
The key is understanding your eligibility and rights under FMLA. The Family and Medical Leave Act builds leave situations on a series of meeting the right criteria and then having a covered reason. When you know your rights, you will have a better idea of whether or not your employer has violated FMLA.
The Family and Medical Act is convoluted with its many requirements and specifications. Don’t allow your employer to take advantage of you. Give us a call.
Check Eligibility For FMLA
Before you can file a lawsuit, you need to know if you meet employee and employer eligibility for FMLA. If your company is not eligible for FMLA, then you are not either. Your employer must be eligible for FMLA before you, as the employee, can be eligible.
The process for asking for FMLA leave prefers that you notify your company as soon as you know you need to take your leave. Be sure that you fit the criteria for FMLA and have the covered reasons required under law for leave.
My Employer Violated FMLA
The Family and Medical Leave Act supports employees of covered companies when the employees have to take time to care for immediate family or themselves related to medical problems.
At times, employers may not realize the conditions by which an employee has taken work leave, and therefore they refuse to offer the FMLA unpaid and job-protected leave for the employee with those qualifying circumstances. Although a misunderstanding, this is illegal.
- failed to inform the employee about FMLA rights and obligations
- demanded more notice than required by law for unpaid leave
- neglected to recognize notice of absence for a qualifying condition
- disciplined the employee for a FMLA leave
- failed to recognize serious health conditions
- discontinued employee health insurance
- pressured employee on leave to return sooner than planned
- postponed job reinstatement
- failed to reinstate job benefits and perks
- reinstated employee to a lesser job position
- misclassified employee on leave as a “key” employee
Employers and employees are often unprepared for the many regulations and rules that come with FMLA. Many companies fail to train their management and employees on their rights according to this law or purposefully disregard the law. This causes problems. If your employer violated FMLA, give us a call.
Employers are banned from tampering with employee rights under the FMLA. Employers also are not permitted to retaliate against an employee who files a complaint about FMLA violation.
If you suspect that your employer has failed to follow the Family and Medical Leave Act in one or more of the above ways, contact us immediately so we can help you assess your options and figure out the best plan to guarantee your rights under the law.