Violation of Family and Medical Leave Act (FMLA): Protecting Employee Rights and Medical Leave Entitlements

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Violation of Family and Medical Leave Act (FMLA): Protecting Employee Rights and Medical Leave Entitlements

Violation of Family and Medical Leave Act (FMLA): Protecting Employee Rights and Medical Leave Entitlements


The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with job-protected leave for specific family and medical reasons. It is designed to balance the needs of employees with the operational requirements of employers. Unfortunately, some employers violate the FMLA, denying employees their rightful leave entitlements and jeopardizing their job security. In this article, we will explore the importance of protecting employee rights under the FMLA and understanding their medical leave entitlements.

Understanding the FMLA
The FMLA provides eligible employees with up to 12 weeks of unpaid leave during any 12-month period for qualifying 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. The FMLA also allows for up to 26 weeks of leave to care for a covered service member with a serious injury or illness. Understanding the provisions of the FMLA is crucial for both employees and employers.

Employee Eligibility for FMLA Leave
To be eligible for FMLA leave, employees must meet certain criteria. They must work for a covered employer, which includes private-sector employers with 50 or more employees, public agencies, and public or private elementary or secondary schools. Employees must also have worked for the employer for at least 12 months and have worked at least 1,250 hours during the 12 months preceding the start of the FMLA leave.

Protecting Employee Rights
It is essential for employees to be aware of their rights under the FMLA and to recognize when those rights are being violated. Some common violations of employee rights under the FMLA include:

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

b) Retaliation: Employers may retaliate against employees for exercising their rights under the FMLA, such as by demoting, harassing, or terminating them.

c) Interference with FMLA Rights: Employers may interfere with an employee’s exercise of FMLA rights, such as by providing incorrect information, failing to provide necessary forms, or refusing to reinstate an employee after FMLA leave.

Medical Leave Entitlements
Under the FMLA, eligible employees are entitled to certain medical leave rights, including:

a) 12 Weeks of Unpaid Leave: Eligible employees can take up to 12 weeks of unpaid leave for their own serious health condition, the birth or adoption of a child, or the care of a seriously ill family member.

b) Job Protection: FMLA leave provides job protection, meaning that employees are generally entitled to return to their same or equivalent position upon their return from leave.

c) Continuation of Health Benefits: Employers must continue to provide group health insurance coverage for employees on FMLA leave under the same terms as if the employee had not taken leave.

d) Intermittent Leave: In certain situations, employees may be allowed to take FMLA leave on an intermittent basis or reduce their work hours.

Taking Action for Violations
If an employee believes their FMLA rights have been violated, they should consider taking the following actions:

a) Documenting Violations: Keep detailed records of any incidents or actions that suggest a violation of FMLA rights, including dates, times, individuals involved, and any relevant documents or communications.

b) Contacting Human Resources: Inform the company’s human resources department about the suspected FMLA violation and provide supporting documentation. Follow any internal grievance procedures outlined by the employer.

c) Seeking Legal Advice: Consult with an experienced employment law attorney who specializes in FMLA violations. They can evaluate your case, provide guidance on your rights, and represent your interests throughout the process.

d) Filing a Complaint: If internal remedies do not resolve the situation, employees can file a complaint with the Wage and Hour Division of the U.S. Department of Labor or pursue a lawsuit against the employer for FMLA violations.

Benefits of Legal Representation
Working with an employment law attorney who specializes in FMLA violations is essential to protect employee rights. An attorney can help:

a) Interpret the FMLA: Employment law attorneys understand the nuances of the FMLA and can help employees understand their rights and entitlements.

b) Investigate Violations: Attorneys can gather evidence, interview witnesses, and build a strong case to support the employee’s claims of FMLA violations.

c) Negotiate with Employers: Attorneys can engage in negotiations with employers to seek a resolution, including reinstatement, back pay, compensatory damages, and other appropriate remedies.

d) Litigate if Necessary: If a resolution cannot be reached through negotiations, attorneys can represent employees in litigation, presenting their case in court and advocating for their rights.


Protecting employee rights under the FMLA is crucial to ensure that employees receive the medical leave entitlements they are entitled to. By understanding their rights, recognizing violations, and taking appropriate action, employees can seek remedies for FMLA violations. Consulting with an experienced employment law attorney specializing in FMLA cases is essential for navigating the legal complexities, gathering evidence, and advocating for employee rights. Remember, upholding the rights and entitlements established by the FMLA is crucial for maintaining a fair and equitable workplace for all employees.

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