As you know, the Family Medical Leave Act (FMLA) is an important law that protects employees who need leave for family or medical reasons.
Enacted in 1993, the FMLA grants eligible employees 12 weeks of unpaid, job-protected leave each year to take care of personal or family health issues without fear of losing their job.
Moreover, attorneys specializing in FMLA cases play an essential role in protecting employees’ rights under the Act, navigating compliance complexities, and representing clients in FMLA violations.
The FMLA allows up to 12 weeks of unpaid leave in a 12-month period for the following reasons:
- Birth and care of a newborn baby within one year of birth.
- Placement of a child with the employee for adoption or foster care and bonding with the newly placed child within one year of placement.
- Caring for a spouse, child or parent with a serious health condition.
- A serious health condition that renders the employee unable to perform the essential functions of their job.
- Any qualification required by the employee’s spouse, child, or parent on active duty in the military.
Additionally, the FMLA provides 26 weeks of leave in a 12-month period if an employee is the service member’s spouse, child, parent or next of kin to care for a covered service member with a serious injury or illness.
Employers covered by the FMLA must comply with several key requirements. These include:
- Informing employees of their rights under the FMLA.
- Maintaining the employee’s health benefits during their FMLA leave as if they were still working.
- Reinstatement of employee to their original job or equivalent post upon return from leave.
- Avoid discrimination or retaliation against employees for exercising their FMLA rights.
To qualify for FMLA leave, an employee must:
- Work for a covered employer (which includes public agencies, schools, and private-sector employers with 50 or more employees).
- Have worked for the employer for at least 12 months.
- Worked at least 1,250 hours in the 12 months before the leave began.
- Work in a location where the employer has 50 or more employees within 75 miles.
Employees who meet these criteria are entitled to FMLA leave However, it is important to determine eligibility and ensure proper documentation, as some employers may challenge an employee’s claim.
Despite the clear provisions set forth by the FMLA, employers sometimes violate employees’ rights under the Act, either knowingly or unknowingly. Some common FMLA violations include:
Failure to give proper notice
Employers must provide employees with information regarding their FMLA rights. If an employer fails to notify an employee that their leave is eligible for FMLA protection, the employee may lose important benefits and protections. This can lead to a legal dispute requiring the intervention of an attorney.
Denial of FMLA leave
In some cases, employers mistakenly deny FMLA leave requests by misinterpreting eligibility requirements or claiming that an employee’s medical condition does not qualify as a “serious health condition.”
Employers may also be denied when they contest the validity of medical certifications provided by employees. When such disputes arise, an attorney can help prove the validity of the employee’s request.
retaliation or discrimination
Under the FMLA, employers are prohibited from retaliating against employees for exercising their right to take leave.
However, some employers may take adverse action against employees, such as reducing their hours, terminating them, or even terminating their employment after they take FMLA leave. In such cases, attorneys can file retaliation claims on behalf of employees.
Failure to reinstate an employee
The FMLA mandates that employees be reinstated to their original position or equivalent position upon return from leave. Employers sometimes fail to comply with this rule, either by offering the employee a lower-paying or less desirable position, or by denying reinstatement altogether. An attorney can help ensure that the employer meets their legal obligation to reinstate the employee.
How attorneys help employees navigate FMLA claims
Whether an employee is facing wrongful denial of leave, retaliation, or other forms of employer misconduct, an experienced attorney can guide them through the legal process and ensure they receive the benefits and protections they deserve under the law.
Evaluating the merits and validity of FMLA claims
The first step in any FMLA case is to determine whether the employee is eligible for FMLA leave. An attorney can help verify eligibility by reviewing the employee’s work history, work hours and employer size.
They may also evaluate whether the employee’s medical condition meets the criteria for a “serious health condition” under the FMLA.
In some cases, employers challenge the validity of an employee’s medical certificate, claiming that the documentation provided does not justify FMLA leave.
Attorneys can work with health care providers to ensure that proper medical documentation is submitted and that the employee’s right to leave is upheld.
Filing an FMLA claim
If an employer denies an employee’s request for FMLA leave or takes retaliatory action, an attorney can help the employee file a claim with the Department of Labor (DOL) or file a private lawsuit.
Filing a claim involves gathering evidence of the violation, submitting documents to the appropriate agency, and representing the employee in any administrative or legal proceedings.
Negotiating settlement and compensation
In many FMLA cases, attorneys can help workers negotiate settlements with their employers. These settlements may include compensation for lost wages, benefits, and damages resulting from violations of FMLA rights.
An experienced attorney can work to maximize the compensation the employee receives and ensure that any agreement is in the employee’s best interest.
Representing employees in court
In cases where settlement negotiations fail, an attorney can represent the employee in court.
Litigation can be a long and complicated process, but a skilled attorney can advocate for the employee, present evidence, and make legal arguments to secure a favorable outcome.
However, violations of FMLA rights can and do occur, leaving employees vulnerable to job loss, loss of income, and other negative consequences. Attorneys specializing in FMLA cases play an important role in protecting employees’ rights, navigating the complexities of FMLA claims, and securing compensation in the event of a violation.
