What Are My Rights Under FMLA?
The Family and Medical Leave Act, or FMLA, allows eligible employees to take leave for specified family and/or medical reasons. This kind of leave is unpaid, but guarantees the protection of your job.
When using FMLA, employees can take 12 weeks away from work in a 12-month period for eligible reasons. The law extends the leave to 26 weeks for an employee qualifying under the military caregiver provision.
A myriad of situations can arise in which an employer could violate FMLA. There is health insurance coverage, other benefits, substitutions of paid leave and protections of your job when you return to work to consider. For example, companies sometimes will encourage employees to use paid sick days to care for a family member who is ill. What many individuals do not realize is that the company can be held liable for not offering you FMLA.
Common FMLA violations include:
- Failing to inform employees of their rights and obligations under FMLA
- Failing to qualify leave after a request for FMLA
- Failing to recognize the seriousness of an employee’s injury and therefore denying leave
- Failing to continue health insurance or other benefits while on FMLA leave
- Placing pressure on employees to return from FMLA leave
- Disciplining or terminating an employee for taking leave
- Discriminating against an employee because he or she has requested or taken FMLA leave
- Counting FMLA leave as absences in a no-fault absence policy
- Failing to reinstate an employee to the same or equivalent position when that employee is qualified and able to perform the essential functions of the job
- Postponing or forcing an employee to wait for reinstatement after they request their return
- Discouraging an employee from taking FMLA or preventing him or her from taking FMLA leave
What Is Interference?
FMLA interference can occur when an employer’s reaction to your request encouraged you not to take FMLA. Did they discourage or attempt to prevent you from taking FMLA?
The best way to know the strength of your case is to talk to one of our attorneys at Saad Dixon Law Offices PLLC in Huntington. We have a special focus in employment law matters, and proven track record to back it both at trial and with settlements.
I Think My Boss Is Punishing Me For Taking FMLA
A medical issue with you or a relative or another reason related to your family caused you to take FMLA. When you return from family leave, you suddenly find yourself demoted or with different job responsibilities that will affect your salary.
The law protects your leave, as well as the right to return to your job. You may be eligible for damages after experiencing FMLA retaliation.
Contact Saad Dixon Law Offices PLLC
Serving clients in Kentucky and West Virginia.