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Many factors impact whether an FMLA violation has occurred

On Behalf of | Feb 19, 2016 | Family And Medical Leave Act (fmla)

Major personal events, like an illness, can have significant impacts on an individual and their family. There are many things a person may need to do to handle the event and its implications properly. This can take a great amount of time and effort. This is why a person may not be able to deal with the event properly and work at the same time.

Thus, individuals sometimes make leave requests in relation to such events. One would hope businesses would be understanding and allow workers who are experiencing a major personal event and have requested time off from work appropriate leave time, so the worker doesn’t have to choose between properly handling the event and hanging onto their job.

However, employers sometimes deny leave requests. Now, depending on the situation, a denial of a leave request related to a personal event may not only be disappointing to an employee, it might also be illegal under federal law. The federal Family and Medical Leave Act gives leave rights to certain employees. 

Now, not all employees qualify for FMLA rights. There are various requirements that must be met to be eligible. A list of some of these requirements can be found on our law firm’s FMLA page.

Also, not all types of personal events would qualify a person for FMLA leave. Federal law sets up specific rules rewarding what sorts of personal events FMLA leave rights extend to. Examples of personal events that may qualify for FMLA leave are injuries, adoptions and pregnancy-related events.

So, a lot of different things influence whether a given leave denial by an employer is an FMLA violation. When a person has been denied leave, it can be very important for them to know if they have FMLA rights and if these rights have been violated.

Our law firm deeply understands this and is committed to helping workers who have been denied leave. Our firm has significant employment law experience and we can provide workers who believe their employer may have wronged them in relation to leave with honest assessments of their legal position.


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