Family and Medical Leave Act Violations

The Family and Medical Leave Act (FMLA) provides employees who meet certain criteria with a means to balance their work and family responsibilities by taking unpaid leave for certain family and medical reasons.

FMLA Eligibility

The FMLA applies to public agencies and private business that engages in interstate commerce and employs at least 50 employees.  In order to qualify for leave, employees must meet certain minimum requirements. These requirements include working for a covered employer for at least 12 months, providing at least 1,250 hours of service during the past 12 months, and working at a location where the employer has at least 50 employees within 75 miles.

FMLA Leave

Employers covered by the FMLA must provide certain employees with up to 12 weeks of unpaid, job-protected leave during any 12-month period for the following reasons:

• When an employee is unable to work because of the employee’s serious health condition;
• Care for an immediate family member (spouse, child, or parent) with a serious health condition;
• Birth and care of a newborn child, or placement of a child for adoption or foster care; or
• Qualifying exigencies for
• Other qualifying exigencies related to the deployment or return of a family member (spouse, child, parent, or other closest living relative) from military service.

Covered employers must provide certain employees with up to 26 weeks of unpaid, job-protected leave during a 12-month cycle to care for a member of the military who is injured or made ill in the line of duty.

Other FMLA Rights

An employee who returns to work following a period of family or medical leave is entitled to be restored to the same or an equivalent job, with the same benefits as existed when leave began.

The FMLA also prohibits employers from discriminating against or interfering with an employee because that employee has requested or taken family or medical leave.

The United States Department of Labor (USDOL) has published helpful information about the FMLA.

Protecting Employee Rights

GMFM represents employees who have been denied FMLA leave, who experienced the change of a job while on FMLA leave, or who have been terminated before or during FMLA leave.  Our attorneys also advise clients who are considering taking FMLA leave, and work to ensure compliance with the notice and certification requirements.

If you believe your employer has violated your FMLA rights, let the experienced attorneys at GMFM fight to protect your rights.  Contact us for an evaluation of your case.