The FMLA is a U.S. labor law enacted in 1993 that entitles eligible employees to take up to 12 weeks of unpaid leave per year for specific family and medical reasons while maintaining job protection and continued group health insurance coverage. The key objectives of the FMLA are to ensure that employees can balance their work and family responsibilities by taking reasonable unpaid leave for certain family and medical reasons without fear of losing their job or health benefits. During leave, the employer must hold the employee’s job, and the employer cannot retaliate against the employee for requesting or taking FMLA leave. Employers must restore an employee returning from FMLA leave to their same or an equivalent position.
Common Violations of the FMLA:
Failure to Provide Leave: An employer may violate the FMLA by not granting leave to an eligible employee who requests it for a qualifying reason. For example, if an employee is experiencing a serious health condition and requests FMLA leave, denying this request without a legitimate reason can be a violation.
Retaliation or Discrimination: Employers cannot retaliate against employees for exercising their FMLA rights. This includes firing, demoting, or discriminating against an employee for taking FMLA leave or for asserting their rights under the FMLA. For instance, if an employee returns from FMLA leave and is unfairly treated or terminated, this could be considered retaliation.
Failure to Maintain Health Benefits: While an employee is on FMLA leave, the employer must maintain the employee’s group health insurance coverage on the same terms as if the employee were actively working. A violation occurs if the employer discontinues health benefits or changes the terms of coverage during the employee's leave.
Inaccurate Record-Keeping or Notification: Employers are required to provide proper notification regarding FMLA leave, including eligibility and rights. A violation can occur if an employer fails to notify an employee of their FMLA rights or inaccurately tracks FMLA leave, which might affect an employee’s leave balance or job status.
Failure to Reinstate: Upon returning from FMLA leave, an employee is generally entitled to be reinstated to the same or an equivalent position. An employer violates the FMLA if it fails to return the employee to their original job or an equivalent role with similar pay, benefits, and working conditions.
Denied leave for military personnel: Military personnel may not be dismissed from their employment if they are called in for active service. Additionally, they must be allowed to return to their position once they return.
Eligible Reasons for FMLA Leave:
Personal Medical Leave: To address a serious health condition that makes the employee unable to perform essential job functions.
Family Medical Leave: To care for a spouse, child, or parent with a serious health condition.
Birth and Bonding: To care for a newborn child or a newly adopted or fostered child.
Military Family Leave: For qualifying exigencies related to a family member’s military service or to care for a covered service member with a serious injury or illness.
Eligibility Requirements for Employees:
Employment Duration: The employee must have worked for the employer for at least 12 months.
Hours Worked: The employee must have worked at least 1,250 hours in the 12 months preceding the leave.
Employer Size: The employer must have 50 or more employees within a 75-mile radius.
Covered Employers Under the FMLA Include:
Private-sector: Employers who employ 50 or more employees in 20 or more workweeks in either the current calendar year or previous calendar year;
Public agencies: Including Federal, State, and local government employers, regardless of the number of employees, and;
Local Educational Agencies: Including public school boards, public elementary and secondary schools, and private elementary and secondary schools, regardless of the number of employees.
Addressing FMLA violations requires understanding both the employee’s rights and the employer’s obligations under the Act. Employers should ensure they are compliant with FMLA provisions to avoid legal issues and to support their employees effectively. For any further questions, please contact Garland Law for a consultation on your rights.
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