The Family and Medical Leave Act (FMLA) is a federal law protecting workers. Eligible employees who have held their jobs for at least a year and work for companies with 50 or more employees can potentially take unpaid leave.
FMLA leave is available due to personal medical challenges, the birth of a child or the need to provide medical support to family members. Employers typically follow the provisions of the FMLA, but violations could occur.
What are the most common issues workers may experience when requesting FMLA leave?
Unfair denials
Accommodating the extended absence of an employee can cause operational disruptions and generate expenses for the company. In some cases, employers refuse to allow workers to take unpaid leave, even though the FMLA clearly applies given the circumstances. In those situations, workers may need support while communicating with their employers and pursuing the leave they require to attend to their personal or family matters.
Illegal retaliation
Workers who know and assert their employment rights have protection under the law. They should not face punishment or retaliation for requesting unpaid leave.
Employers should allow them to return to the same position or a comparable one after their leave. Retaliation could involve demotions or unfavorable transfers. It could also entail the company terminating a worker after they request or take FMLA leave.
Employees facing violations of their rights may benefit from reviewing the situation with a legal professional. Holding an employer accountable for FMLA violations can help workers regain their jobs, take the leave they deserve or secure compensation for the economic harm that FMLA violations generate.
