What is the Family and Medical Leave Act (FMLA)?
Under the Family and Medical Leave Act (FMLA), which is a federal law, where an employee is entitled to FMLA leave, he or she is allowed to take a 12 weeks unpaid leave in a calendar year due to given family and medical reasons. These may involve child bearing or adopting a child, taking care of a severely ill case of a relative, or handling a serious case of himself or herself. FMLA as such is therefore rooted on the fact that no employee should be forced to make a choice of either keeping the job that he/she requires or the family/self health.
Moreover, the skilful employee should be working as an employee of an employer who has 50 or more employees, an employee who has worked at least 1250 hours in the last 12 months and an employee of that employer who has worked at that position at least 12 months. During any FMLA leave, the employer must maintain the health benefits of the employee so that he or she feels that he had not left work and should bring the employee to the same or a slightly different position on his reinstatement after an FMLA leave is over.
Common FMLA Violations by Employers
FMLA violation of employers is more common than many people think. Interfering with an employee’s taking of protected leave is something many employers do either intentionally or unwittingly. For instance, a common violation is that where an eligible employee is qualified under the law, the employer would deny the employee any prescribed time off from work.
The other less obvious norm violation comprises unnecessary postponement of FMLA request authorization by the employer, or, making the employee work even when granted leave. Employers can even misclassify time off as a means to not afford protections under the FMLA, or punish the employees under attendance policies due to avoidable FMLA leave is not permitted by the law.
Failing to inform employees of their rights under the FMLA, retaliating against workers who take leave, or even termination of the employee while or immediately after their absence from work constitute other counts of violations. Adverse action taken against an employee because he or she has taken some form of leave would be unlawful in itself and possibly grounds for a lawsuit with the help of a qualified FMLA lawyer.
Understanding FMLA Retaliation and Harassment
FMLA covers an employee from harassment and retaliation for taking the leave they are entitled to. The retaliation could take place due to demotion, denied promotions, harassment, or discharge after the employee requests or comes back from leave. Other ways employers discourage employees to go on leave are hostile return-to-work conditions set after returning from leave. Most of the actions would qualify as FMLA-related harassment:
- Management questioning or criticizing the medical condition.
- Denial of the overburdened workloads.
- Unfounded negative comments in performance reviews.
- Under pressure: early return to medical leave.
- Hostile comments by management and co-workers.
If at all you’re facing such treatment, contact a Family Medical Leave Act lawyer to understand the various options available.
How Intermittent Leave of Absence Works Under FMLA
Under the FMLA, one has the right for an intermittent leave of absence whenever medically necessary in addition to the continuous leave. It means one could take leave in blocks of time or simply by the hour instead of taking it all at once. Intermittent leave is generally intended for chronic illness, which may require periodic treatment or exacerbation, such as migraines or asthma.
However, employers sometimes try to abuse the intermittent leave system by asking for medical documentation every time the employee is absent or counting absences against attendance policies. These practices may violate FMLA provisions. So, if your employers are giving you a hard time in exercising your intermittent leave, it may very well be in violation of the law.
Can You Be Fired After Taking FMLA Leave?
Technically, you cannot be fired because of the fact that you took FMLA leave. Your job is legally protected from firing because of the FMLA. However, employers sometimes fire employees for legitimate business reasons unrelated to leave- layoffs, documented poor performance, etc. It is the fact of the matter on whether the reason for the termination was the FMLA leave.
If you are fired following an FMLA leave of absence, it is important to look at the timing and the reasons for firing. New sudden performance problems or vague explanations right after the leave might indicate FMLA retaliation. An experienced employment lawyer can assess your individual situation for whether your firing was appropriate or whether you have any legal grounds for a lawsuit.
Can You Collect Unemployment After FMLA-Related Termination?
Termination as a result of taking FMLA leave may entitle you to unemployment benefits, according to some people and states. If you are sacked with no fault, however, you may qualify. The fact of your termination after a protected leave may support your eligibility for unemployment.
States all have their own rules; however, one can generalize that the reason for one’s termination must not constitute a chargeable offense so that unemployment benefits can be availed of. In such cases, it is advisable to take the counsel of an attorney or consult the labor department of the respective state regarding guidance.
When to Contact an FMLA Lawyer?
If you somehow feel that your FMLA rights have been violated, contacting an FMLA lawyer without delay is your best shot. They will be working regarding family and medical leave matters and thus can assist you in:
- Understanding what your rights are under federal law and the law of your state.
- Filing a complaint with the Department of Labor or the EEOC.
- Recovering lost wages, emotional distress, or reinstatement.
- Making your way through the maze that is the legal proof of employer retaliation or harassment.
If your employer has prior events of harassment, termination after leave, or denial of leave, the lawyer you hire holds particular importance. An attorney will set you up so that your case is rigorous and well documented to have success either with the court or as a settlement.
Final Thoughts
The Family and Medical Leave Act exists to protect employees during some of the most stressful times in their lives, whether it be during the time of becoming a parent, a medical emergency, or caring for a family member. Hence, familiarity with your rights and how to call for help is paramount in protecting yourselves from FMLA violations perpetrated through employers. In the case where you are a victim of any retaliation or discrimination, take matters into your own hands and exert your rights.
