Family Medical Leave Act Regulations
Were you retaliated against by your employer over medical leave?
The Family and Medical Leave Act is a federal law that provides eligible employees with up to twelve weeks of unpaid leave each calendar year. Both the employee’s job and certain benefits are protected and must be maintained during the leave period.
If you qualify for medical leave and you were retaliated against, pressured or discriminated against for exercising your rights, your FMLA lawyer may be able to help you claim substantial damages in compensation.
The Department of Labor considers violations of the Family Medical Leave Act (FMLA) to be very serious. If you were wrongfully terminated after taking eligible leave, you may have a lawsuit claim.
Have Questions?
Let's See If You Have a Case...
Share what happened with employment attorneys who act as the guard dog at the gate to keep employers from violating employee rights.
The act was designed to provide job security and assist employees in balancing their family and work responsibilities. It allows non-exempt employees a reasonable period of unpaid leave for certain medical and family reasons. It is also meant to protect the interests of employers and promote equal opportunity employment.
The FMLA rules apply to all companies who employ 50 or more people, public and private schools, and all public agencies. Any company which falls under FMLA guidelines must provide their eligible employees with up to twelve weeks of unpaid leave each year under the following circumstances:
- Pregnancy and childbirth to care for a newborn baby caregiving
- Flexibility to complete the adoption or foster child placement process
- To give care to a child, parent, or spouse with a serious health issue
- For medical leave when the employee is unable to work due to a serious health issue
Covered employees are defined as having worked for the employer for the previous 12 months, having a minimum of 1,250 hours worked during those 12 months, and working at a location where the company employs 50 or more employees within a 75 mile radius. If you are unsure about eligibility and exceptions, share the reasons and concerns of your case with our fmla attorney, to learn if you were covered.
FMLA Abuse & Employer Violations
FMLA Poster Violation –All employers who fall under the guidelines are required to place a notice where the support information can be both seen and easily read. It must be made available to employees and interviewees. Each violation of this requirement is currently subject to a fine of $110 from the Department of Labor.
Job Reinstatement –Any employee who takes covered medical leave must be re-instated to their same position or a comparable position when they return to work. This is part of the job protection provision, and any employer who fails to reinstate a returning employee is in violation of this provision. Any employer who fails to reinstate a returning employee to their same position, or one with the same pay, benefits, responsibilities, skills and competencies can be held liable for lost wages.
Employee Benefits – Whenever an employee is on covered leave, the employer is required to maintain that employee’s group health benefits. Should the employer cancel these benefits illegally, they may be required to pay for damages resulting from the lack of health care coverage. Decisions regarding the maintenance of other benefits are dependent on the employer's policy regarding non-FMLA leave. If you have further benefit related questions, ask our ERISA lawyer to get the answers you seek. If other types of leave of absence do not trigger a cancellation of benefits, then the employer may not cancel those same benefits for employees who take a covered leave of absence.
Discrimination & Retaliation – The rules provide protection for covered employees from harassment, discrimination or interference on the part of the employer towards employees for requesting time off. If you faced workplace discrimination, an EEOC lawyer can help determine if your claims are in fact illegal. It is unlawful for a company to deny your eligible request, refuse your right to covered leave, intimidate or harass you for taking the time off you need covered in the Family Medical Leave Act. In addition, you are protected from any form of workplace retaliation, or discriminatory action resulting from your taking leave.
What Damages Are Recoverable FMLA Claims?
An employee who sues their employer for FMLA violations is eligible to recover damages, which include attorney fees and costs if the employee wins, as well as a host of other damage awards. Each case is unique, and your employment lawyer will be able to lay out the legal options available to you if you choose to pursue recovery of lost income. When the employer loses, they will be required to reinstate you to your previous position or to a job which is comparable. The employee is also protected from future discrimination that might result from winning the lawsuit.
Monetary damages that you or your loved ones may be eligible to receive for Family Medical Leave Act violations include:
Back Pay – This is the most commonly awarded monetary compensation in FMLA settlements. The back pay award includes the employee’s lost wages, as well as compensation for lost benefits that the employee would have had during the period of time that the covered medical leave was being violated. The full amount of back pay is determined at the discretion of the court.
Actual Monetary Losses – There are cases where the employee has not lost wages, but has lost compensation in other ways as a result of the violation to your rights. In such cases, the court may decide to award the employee the actual amount of money lost, up to a maximum of 12 weeks’ wages.
Liquidated Damages – Liquidated damages include the two previous sums of back pay and actual monetary losses, plus any interest on those sums. Liquidated damages are only commonly awarded in such matters where the court determines that the FMLA abuse was intentional on the part of the employer.
Let Our FMLA Attorneys Fight For Your Rightful Benefits
Health conditions, disability and serious illness can affect you or a family member at anytime. The FMLA provides workers job stability in the event a health condition results in the need for leave. This doesn't prevent the employment laws from being violated by your employer, who may try to interfere, deny or retaliate unlawfully. When your employer crosses the line, legal representation will ensure your rights are not trampled on.
An example of FMLA retaliation is when employers drop benefits for employees on covered leave. A business may force out people who take pregnancy leave, and fire workers for taking the time off for life events they have a right to. Even though these are clear statutory violations of the leave protection law - fmla lawyers see it all too often. Don't be a statistic. Use the experience employment lawyers from a labor law firm have to help you fight back and claim what's rightfully yours.
FMLA Enforcement
The employment standards administration in the wage and hour division of the US Dept. of Labor is responsible for enforcement at the federal level. With your attorney, you can file a lawsuit against your employer for violating your rights.
If you take time off covered under the Family Medical Leave Act and your employer does not seem to be complying with the regulations, or if you are denied an entitled leave of absence under the law you may have grounds for taking legal action against your employer. A consultation with your lawyer will help determine if, in fact, the employment law has been violated, and whether you have grounds to file a complaint.
When companies violate the federal labor laws, the FMLA attorneys are standing-by to hold them accountable.
Free Case Evaluation
Let's See If You Have a Case...