Most employees have a right to take leave under very specific circumstances covered by the Family and Medical Leave Act (FMLA). Several conditions must be met to qualify for up to 12 weeks of unpaid leave under this act. These include:
- Employer must have 50 or more employees within a 75-mile radius
- Situation must be covered: birth, adoption, or foster care placement of a child with the employee; serious health condition of employee or immediate family member; certain conditions related to military members
- Employee must have worked 12 months for at least 1,250 hours or more for the employer
Not all employers willingly follow the FMLA regulations. Some will try to skirt around the regulations by not providing leave to an employee when they should be covered. Others may also try to retaliate against employees who opt to take this leave.
Employees should, therefore, understand some of the more common FMLA violations employers commit so they can act if they’re being subjected to any of them.
Failure to restore to an equivalent position
Upon returning from FMLA leave, an employee is typically entitled to be restored to their original job or to an equivalent job with equal pay, benefits and other employment terms and conditions. Placing an employee in a lesser position or altering benefits detrimentally can significantly affect the employee’s career trajectory, income and future job satisfaction.
Interference with FMLA rights
Employer interference with the exercise of FMLA rights is another serious violation. This can include discouraging an employee from using FMLA leave, manipulating their work hours to avoid eligibility, or asking them to work while on leave. Such interference undermines the employee’s legal rights and can lead to worsening health conditions if the employee does not take needed leave for fear of repercussions.
Retaliation after FMLA leave
Retaliation occurs when an employee is subjected to negative employment actions, such as termination, demotion or loss of benefits, as a result of taking FMLA leave. Retaliation can have profound long-term effects on an employee’s career and psychological well-being.
Violations of the FMLA can lead to serious consequences for employers. Employees who are being subjected to these violations of their rights should seek out a legal representative who can help them advocate on behalf of their legally-protected interests.