Wrongful Termination and Family and Medical Leave Act (FMLA) Violations

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Wrongful Termination and Family and Medical Leave Act (FMLA) Violations

Wrongful Termination and Family and Medical Leave Act (FMLA) Violations: Protecting Employees’ Rights and Family Care


Wrongful termination is a serious violation of employee rights, and when it involves Family and Medical Leave Act (FMLA) violations, it further impacts employees’ ability to balance work and family responsibilities. The FMLA provides eligible employees with job-protected leave for medical and family reasons. Terminating an employee in violation of FMLA rights is a breach of the law and can have severe consequences for employers. This article focuses on wrongful termination and FMLA violations, highlighting the importance of protecting employees’ rights and promoting work-life balance.

Understanding the FMLA and Employee Rights
The FMLA is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave in a 12-month period for specific medical and family reasons. Key provisions of the FMLA include:

a) Eligibility: To be eligible for FMLA leave, employees must have worked for their employer for at least 12 months, have worked a minimum of 1,250 hours during the previous 12 months, and be employed at a worksite with at least 50 employees within a 75-mile radius.

b) Covered Reasons: FMLA leave can be taken for various reasons, including the birth or adoption of a child, caring for a family member with a serious health condition, or the employee’s own serious health condition that prevents them from performing essential job functions.

c) Job Protection: FMLA provides job protection, which means that eligible employees have the right to return to the same or equivalent position with the same pay, benefits, and terms and conditions of employment after taking FMLA leave.

d) Intermittent Leave: FMLA allows eligible employees to take leave on an intermittent basis or reduce their work hours if medically necessary or for certain qualifying exigencies.

Wrongful Termination and FMLA Violations
Wrongful termination involving FMLA violations occurs when employers terminate employees in violation of their FMLA rights. Here are some common forms of wrongful termination and FMLA violations:

a) Retaliatory Termination: Employers terminating employees in retaliation for exercising their rights under the FMLA, such as taking FMLA leave or asserting their FMLA rights, is a violation of the law.

b) Interference with FMLA Rights: Interfering with an employee’s FMLA rights by denying or discouraging them from taking FMLA leave, interfering with their ability to use FMLA leave, or manipulating work assignments or conditions as a result of FMLA leave is unlawful.

c) Failure to Reinstate: Employers failing to reinstate employees to their previous positions or equivalent positions with the same pay, benefits, and terms and conditions of employment after they have taken FMLA leave is a violation of the law.

d) Discrimination: Terminating an employee based on their need for or use of FMLA leave, or treating employees who take FMLA leave less favorably than those who do not, is discriminatory and against the law.

Legal Protections and Remedies for FMLA Violations
The FMLA provides legal protections and remedies for employees whose rights have been violated. Employees who experience wrongful termination and FMLA violations can take the following steps to protect their rights:

a) Document and Preserve Evidence: Maintain detailed records of interactions with employers, including emails, letters, and conversations related to FMLA leave, as well as any instances of retaliation or interference.

b) File a Complaint: Report FMLA violations to the U.S. Department of Labor’s Wage and Hour Division (WHD). The WHD investigates complaints and may take legal action on behalf of employees.

c) Consult with an Employment Law Attorney: Seek legal advice from an experienced employment law attorney who specializes in FMLA violations. An attorney can assess the situation, guide employees through the legal process, and represent their interests.

d) Pursue Legal Action: If a resolution cannot be reached through administrative channels, employees may choose to file a lawsuit against their employer for wrongful termination and FMLA violations. An attorney can help prepare and present the case in court.

Remedies for FMLA violations may include:

a) Reinstatement: Courts may order employers to reinstate employees to their previous positions or equivalent positions with the same pay, benefits, and terms and conditions of employment.

b) Back Pay: Employees may be entitled to receive back pay for the wages and benefits they would have earned if not wrongfully terminated.

c) Compensatory Damages: These damages aim to compensate employees for emotional distress, mental anguish, and other non-economic losses suffered as a result of the FMLA violations.

d) Injunctive Relief: In some cases, courts may issue injunctions to prevent further FMLA violations and ensure compliance with the law.


Wrongful termination and FMLA violations undermine employees’ rights to job-protected leave and work-life balance. Understanding the FMLA and its provisions is crucial for employees to recognize their rights and protect themselves from unlawful terminations. If you believe you have experienced wrongful termination or FMLA violations, consult with an experienced employment law attorney who can assess your case, guide you through the legal process, and help seek remedies for the violations. By upholding the FMLA and promoting a healthy work-life balance, we can create supportive work environments that value employees’ well-being and family care.

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