If you meet the Family and Medical Leave Act (FMLA) requirements, you have the right to take time off for specific familial and health needs. By law, employers cannot interfere with or deny your attempt to file for such leave.
However, interference does not always look like a flat “no.” Understanding the different signs can help you spot whether your employer is breaking federal law. Here are three examples to look out for.
Discouragement
Upon taking FMLA, your employer suddenly tells you that taking time off for health reasons will let the team down. They also make backhanded comments about your commitment to discourage you from continuing. If these are the responses you receive, that is interference. Remember that requesting absence to recover from a serious health condition is your right.
Conditional interference
What if your boss allows you to take leave as long as you keep working from home? FMLA is a job-protected leave, not a remote work assignment. Significant work requirements during your recovery or family time can constitute interference. However, they may occasionally and briefly contact you for minor tasks.
Negative employment threats
Employers are strictly prohibited from using FMLA leave as a negative factor in promotion decisions. If your leave usage contributed to the denial of a promotion, it constitutes a violation of your rights.
Taking action on injustice
If any of these forms of interference occurred, you may have grounds to file a formal complaint against your employer. Before doing so, document everything. Find evidence that proves you meet the federal criteria for FMLA and that you provided enough information to let your employer know you need leave for a qualifying reason
Your livelihood is too important to leave to chance. Seeking help from an employment attorney can help you secure the protection you deserve.