Understanding FMLA Violations: Recognizing Wrongful Termination for Taking Protected Leave

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Understanding FMLA Violations: Recognizing Wrongful Termination for Taking Protected Leave

Understanding FMLA Violations: Recognizing Wrongful Termination for Taking Protected Leave


The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with job-protected leave for qualifying family and medical reasons. It is designed to ensure that employees can take time off work to address personal and family health needs without fear of losing their jobs. Unfortunately, some employers violate the FMLA by wrongfully terminating employees who exercise their rights to protected leave. In this article, we will explore the importance of understanding FMLA violations and recognizing wrongful termination for taking protected leave.

Understanding the FMLA and Protected Leave
The FMLA provides eligible employees with up to 12 weeks of unpaid leave during any 12-month period for specific family and medical reasons. These reasons include the birth or adoption of a child, the care of a seriously ill family member, or the employee’s own serious health condition. It also allows for up to 26 weeks of leave to care for a covered service member with a serious injury or illness. It is crucial for employees to understand their rights and the protections afforded to them under the FMLA.

FMLA Violations and Wrongful Termination
FMLA violations occur when employers infringe upon an employee’s rights by interfering with their FMLA leave or retaliating against them for taking protected leave. Wrongful termination, specifically, refers to the unlawful termination of an employee in response to the exercise of their FMLA rights. Common FMLA violations leading to wrongful termination include:

a) Denial of FMLA Leave: Employers may wrongfully deny an employee’s request for FMLA leave or discourage them from taking leave by providing false information or creating a hostile work environment.

b) Interference with FMLA Rights: Employers may interfere with an employee’s exercise of FMLA rights by failing to provide necessary FMLA forms, discouraging the employee from taking leave, or refusing to reinstate the employee after their FMLA leave period.

c) Retaliation: Employers may retaliate against employees for taking protected FMLA leave by subjecting them to adverse employment actions, such as demotion, reduction in hours, or termination.

Recognizing Wrongful Termination for FMLA Leave
Employees should be vigilant in recognizing signs of wrongful termination for taking FMLA leave. Some indicators of wrongful termination include:

a) Timing: If an employee is terminated shortly after taking FMLA leave or expressing the intention to take leave, it may suggest a retaliatory motive.

b) Disparate Treatment: If an employee is treated differently from other employees who have taken similar leave or if they are subjected to adverse employment actions upon returning from FMLA leave, it may be indicative of wrongful termination.

c) Pretextual Reasons: Employers may provide false or exaggerated reasons for terminating an employee, masking the underlying retaliatory motive.

Documenting FMLA Leave and Interactions
To protect their rights and establish a potential claim for wrongful termination, employees should document their FMLA leave and any interactions with their employer. This includes:

a) Requesting FMLA Leave: Employees should make their FMLA leave requests in writing, specifying the reason for the leave and the anticipated duration. Retain a copy of the request for your records.

b) Keeping Records of Communications: Maintain a record of any conversations, emails, or written correspondence related to FMLA leave. This documentation can help support your case if you face wrongful termination.

c) Tracking Dates and Absences: Keep track of the dates and duration of your FMLA leave and any other absences related to your protected leave. This information can be crucial in establishing a pattern of FMLA violations and wrongful termination.

Seeking Legal Counsel
If you believe you have been wrongfully terminated for taking protected FMLA leave, it is essential to seek the assistance of an experienced employment law attorney. An attorney can evaluate the facts of your case, determine the viability of a wrongful termination claim, and guide you through the legal process.

Legal Remedies for Wrongful Termination
Employees who have been wrongfully terminated for taking FMLA leave may be entitled to various legal remedies, including:

a) Reinstatement: If you can demonstrate that your termination was unlawful, you may be entitled to reinstatement to your former position or an equivalent position.

b) Back Pay and Benefits: You may be entitled to receive back pay for the wages and benefits you would have earned during the period of wrongful termination.

c) Compensatory Damages: If you have suffered emotional distress or other losses due to the wrongful termination, you may be eligible for compensatory damages.

d) Injunctive Relief: In some cases, a court may grant injunctive relief to prevent further FMLA violations by the employer.


Understanding FMLA violations and recognizing wrongful termination for taking protected leave is crucial for protecting employee rights and seeking appropriate legal remedies. If you believe you have been wrongfully terminated for exercising your FMLA rights, consult with an experienced employment law attorney. They can help evaluate your case, guide you through the legal process, and advocate for your rights. Remember, no employee should face adverse employment actions or termination for exercising their rights under the FMLA.

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