When it comes to working full-time, balancing responsibilities both inside and outside of the office is essential. That’s why certain laws, such as the Family and Medical Leave Act (FMLA), are important to ensuring that employees can tend to their own health as well as that of their loved ones.
So, to help you better understand your rights, we’ve compiled a list of some of the most common FMLA violations that your employer might commit as shared by a Family Medical Leave Act lawyer.
An Overview Of FMLA
The FMLA is a federal law that provides eligible employees with job protection for up to 12 weeks of unpaid leave each year if the leave is for specific reasons. To qualify for FMLA, an employee must have worked for the employer for at least 12 months and logged at least 1,250 hours with the company, so most full-time employees will easily meet these criteria.
Once an employee meets the minimum criteria, they can seek job-protected leave that can cover any of the following:
- Caring for a newborn child
- Taking part in foster care or adoption
- Taking medical leave due to an employee’s own serious health condition
- Caring for an immediate family member who has a serious medical condition
- Reasons related to a family member’s service in the military
In other words, an eligible employee who meets the minimum criteria will have their job protected (meaning they cannot be fired or terminated) if they take leave for an FMLA-qualifying reason.
How Employers Contribute To FMLA Violations
Employers, in some cases, contribute to FMLA violations in the workplace, and these actions can involve a series of measures that may otherwise punish or discourage employees from taking the time off that they’ve earned. On top of that, employers can choose to participate in adverse employment actions, such as a demotion or termination, which can incorporate any of the violations listed below.
4 Common FMLA Violations By Employers
FMLA Retaliation
In some cases, employers have implemented unfavorable actions toward employees who have taken leave under the FMLA. Illegal actions can include any of the following:
- Assigning attendance points or otherwise punishing an employee for using FMLA leave
- Terminating employment
- Refusing promotions
- Denying raises
- Demoting responsibilities
Failing To Reinstate Employees
Once returning from leave, employees are to be reinstated to their previous position that they earned prior to their absence as our friends at Coffman Legal can share. Deviating from this practice can put an organization in violation of the FMLA. Reinstatement violations can include placing an employee in a completely different position, delaying an employee’s return to work for no apparent reason, and even terminating employment.
Confusing Leave With Working From Home
During leave covered by the FMLA, employers cannot interfere with employees’ leave by requesting or requiring them to complete any tasks related to the business. This includes treating an employee’s appointed leave as though they are working from home, even if they typically work remotely.
Pregnancy Discrimination
The FMLA prohibits any pregnancy discrimination or retaliation of any kind, which includes taking any unfavorable action against a woman due to her pregnancy, childbirth, or any related medical conditions. Along with the FMLA, other laws that also protect these rights include the Pregnancy Discrimination Act (PDA), the Pregnancy-Related Workplace Fairness Act (PWFA), and Title VII of the Civil Rights Act, to name a few.
Much like FMLA violations, pregnancy discrimination is illegal, and it is vital for employees to protect their rights, as such discrimination could be detrimental to a woman’s career.
Additionally, men are also protected for the time taken to care for a new child or family member.
Ultimately, when it comes to the FMLA, it’s imperative to ensure that the time you take off does not affect your current employment or status within a company, so knowing your rights is key. If you need to speak with someone about this topic, consider a qualified FLMA attorney for guidance.
