The Family and Medical Leave Act (FMLA) of 1993 is a labor law in the U.S. that requires employers covered by the Act to provide employees with unpaid leave and job protection for qualified family and medical reasons. During this leave, the employee can continue with their group insurance coverage.
The FMLA allows up to 12 workweeks during a 12-month timeframe for the birth of a child and to care for the child within his or her first year of birth, the adoption of a child or the placement of a foster child within a year of the placement, to care for immediate family – spouse, parent or child with a serious health condition, a serious medical problem that has left the employee unable to perform his or her work duties, any qualifying situation that arises because of the employee’s spouse, child or parent is a covered family member called up for active military duty.
FMLA is also available for 26 workweeks of leave during any 12-month period to care for a military servicemember who has suffered serious illness or injury if the eligible employee is the spouse, son, daughter, parent, or next of kin of the service member. This is called military caregiver leave. Your employer should be able to provide you all the details about leave and how it applies to your specific situation.
Common FMLA Violations
An employer can violate the FMLA. If you have been employed at your job for more than a year, and your company has at least 50 employees within a 75-mile radius, you are eligible to receive FMLA leave.
There are specific criteria that must be met though. You must have worked at least 1,250 hours during the last year. If you request leave for one of the permissible reasons, as listed above, and all the other requirements have been met, then they must grant your leave.
There are many ways that an FMLA violation could occur. Your employer could misinterpret the law, and they may not recognize serious medical issues. While a cold doesn’t qualify, it could result in complications, such as pneumonia or bronchitis that does qualify. Also, sometimes employers count absences that qualify for FMLA leave against the employee when they should not.
Other violations could involve the employer failing to provide you – as an eligible employee – with your FMLA rights. The employer could ask you to provide certification, which is supporting documentation, of your need for leave.
This could be violated if the employer asks you to provide too much notice. The FMLA does allow employers to establish their own notice policies, but a notice of weeks or months in advance can be too much.
Also, the law is broken if an employer fails to recognize the notice given by an employee, or if they fail to tell the employee about their rights and obligations. If the employer doesn’t give you the legally required information, then you cannot be held to those specific obligations. While you are on leave, the employer must continue with your health insurance. You must pay your premiums during this time, and if your premium is more than 30 days late your employer must notify you and give you an additional 15 days before cutting off your insurance coverage.
Contact A Lawyer If Your Employer Violated The FDCPA
If you believe that your employer has violated the FDCPA, you should consult with an employment law attorney who handles FDCPA violation cases. With the help of an attorney, you can get your claim on track and make sure your rights are protected. If the FDCPA has been violated, then you can file a claim to recover compensation for your damages.
Be sure to keep all documentation and evidence and be sure to document all the details and include dates and times. You will want to make note of any conversations and of anything that is said to you regarding your FMLA leave or your request for leave. Supporting evidence and documentation are essential to your claim’s success.
Many employment law attorneys take cases on a contingency basis, so be sure to ask about payment. Employment law attorneys stay current on employment law and the FMLA, and they will work to ensure you are treated fairly and that any wrongs are corrected. Complete the form on this page to get a free case evaluation that pertains the FMLA being violated by your employer.