FMLA Violations
FMLA Violations
The federal Family and Medical Leave Act (FMLA) grants covered employees the right to an unpaid leave of absence of up to 12 weeks in a 12-month period to recover from a serious health condition or to care for a child, parent or spouse. FMLA leave can also be taken to care for a newborn or newly adopted baby. Employers must comply with the FMLA.
It is illegal for an employer to terminate an employee while he or she is off on an FMLA leave of absence, and employers are required to return the employee to the same job or a comparable job when he or she returns from the leave.
Who is covered under the FMLA?
The FMLA covers employees who work for companies with 50 or more regular employees and who have been employed by the company for at least one year.
Prohibited Conduct Under the FMLA:
- Interfering with, restraining, or denying the exercise of, or the attempt to exercise, any FMLA right.
- Discriminating or retaliating against an employee or prospective employee for having exercised or attempted to exercise any FMLA right.
- Discharging or in any other way discriminating against any person for opposing or complaining about any unlawful practice under the FMLA.
- Discharging or in any other way discriminating against any person because that person has (i) filed any charge, has instituted, or caused to be instituted, any proceeding under or related to the FMLA; (ii) given, or is about to give, any information in connection with an inquiry or proceeding relating to any right under the FMLA; or (iii) testified, or is about to testify, in any inquiry or proceeding relating to a right under the FMLA.
Examples of FMLA Violations:
- An employer refuses to authorize FMLA leave for an eligible employee.
- An employer discourages an employee from using FMLA leave.
- An employer manipulates an employee’s work hours to avoid responsibilities under the FMLA.
- An employer uses an employee’s request for or use of FMLA leave as a reason not to promote the employee.
- An employer counts FMLA leave under “no fault” attendance policies.
- An employer terminates an employee while he or she is off on an FMLA leave of absence.
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