FMLA Violations by Employers: What You Need to Know

The Family and Medical Leave Act (FMLA) was designed to protect employees when they need to take extended leave due to serious health conditions, family matters, or other qualifying situations. However, not all employers follow these guidelines closely, and many may unknowingly or knowingly commit FMLA violations. Understanding these violations can empower employees to recognize and assert their rights if their employer fails to adhere to FMLA regulations.

What Is the Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act is a federal law that requires employers to provide eligible employees with up to 12 weeks of unpaid, job-protected leave per year. FMLA was enacted to help employees balance work responsibilities with personal or family health needs. Situations that qualify for FMLA leave include:

Birth and care of a newborn child

Adoption or foster care placement of a child

Serious health conditions affecting the employee or a close family member

Certain exigencies arising from a family member’s military service

FMLA leave applies to all public agencies and private-sector employers with 50 or more employees.

Common FMLA Violations by Employers

Employers may infringe upon FMLA rights in a number of ways. Here are some of the most common violations that employees should be aware of:

1. Denying FMLA Leave Eligibility

One of the most frequent FMLA violations occurs when employers deny an employee’s request for FMLA leave based on incorrect eligibility assessment. To qualify for FMLA leave, an employee must have:

Worked for the employer for at least 12 months

Completed a minimum of 1,250 hours of work in the past 12 months

Worked at a location with 50 or more employees within 75 miles

In some cases, employers may misinterpret these requirements, leading to improper denial of FMLA leave. If an employer refuses FMLA leave and the employee believes they meet the eligibility requirements, the employee may be experiencing an FMLA violation.

2. Retaliating Against Employees for Taking FMLA Leave

Retaliation is another common FMLA violation. This can occur when employers attempt to punish or discriminate against employees for requesting or taking FMLA leave. Examples of retaliation include:

Demotion upon returning to work

Reduction in pay or hours

Negative performance reviews tied to taking FMLA leave

Harassment or pressuring the employee not to take leave

FMLA regulations strictly prohibit retaliatory actions against employees for exercising their rights. Any change in employment status following an FMLA leave that is directly linked to the leave may constitute a violation.

3. Misclassifying Leave as Non-FMLA Leave

Some employers may incorrectly classify FMLA-eligible leave as non-FMLA leave. Misclassification can occur due to a lack of understanding of FMLA regulations or a deliberate attempt to limit the employee’s leave protections. By not designating the leave as FMLA, employers may be attempting to deny the employee’s right to job-protected leave or to count it against other forms of leave, such as paid time off (PTO).

4. Requiring Excessive Documentation for Leave Requests

While employers have the right to request certain documentation to verify FMLA eligibility, some may abuse this by requiring excessive or unnecessary medical documentation. FMLA only mandates that employees provide enough information to demonstrate the need for FMLA leave. Demanding excessive information, such as detailed medical histories or repeated certification updates, can discourage employees from taking leave and is considered an FMLA violation.

5. Failure to Reinstate Employee to the Same or Equivalent Position

One of the key provisions of FMLA is that employees should be reinstated to their same or an equivalent position upon their return from leave. If an employer fails to reinstate the employee or offers a demoted position, it can constitute an FMLA violation. An equivalent position should offer the same pay, benefits, duties, and working conditions. Any substantial downgrade in these areas upon return may be grounds for an FMLA complaint.

6. Counting FMLA Leave Against Attendance Policies

FMLA leave is legally protected, meaning it should not be counted against employees under standard attendance policies. However, some employers may unknowingly (or knowingly) apply attendance points or penalties for FMLA leave. This practice is strictly prohibited under FMLA guidelines, as it punishes employees for taking legally protected leave.

What to Do If You Suspect an FMLA Violation

If you suspect that your employer is violating your FMLA rights, there are several steps you can take to protect yourself and ensure your rights are upheld:

1. Document All Interactions and Communications

Maintaining thorough records is essential if you suspect an FMLA violation. Document all communications related to your FMLA leave, including requests, responses, and any potential retaliatory actions. Detailed documentation can support your case if you decide to file a complaint or pursue legal action.

2. Review Your Employer’s FMLA Policy

Check your employer’s FMLA policy, which should outline eligibility criteria, request procedures, and leave protections. Having a clear understanding of your employer’s policy will help you identify any inconsistencies with FMLA regulations.

3. File a Complaint with the U.S. Department of Labor (DOL)

If you believe your employer has committed an FMLA violation, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD). The WHD investigates complaints and can penalize employers for FMLA violations, including reinstating employees to their positions, awarding back pay, or enforcing other remedies.

4. Seek Legal Assistance

For serious violations or instances where retaliation has significantly impacted your employment, seeking the advice of an employment attorney specializing in FMLA rights can be beneficial. Legal experts can help you navigate complex cases and determine the best course of action.

Preventing FMLA Violations: What Employers Need to Know

Employers have an essential role in ensuring compliance with FMLA regulations. Here are key steps employers can take to prevent FMLA violations:

1. Educate Managers and HR Staff on FMLA Regulations

A lack of understanding is often at the heart of FMLA violations. By educating managers and HR personnel on FMLA rules and best practices, employers can reduce the risk of unintentional violations and ensure that employees’ rights are respected.

2. Develop and Implement Clear FMLA Policies

Employers should create clear, accessible FMLA policies and provide employees with information on how to request FMLA leave. A well-defined policy can prevent confusion and help employees feel comfortable when requesting leave.

3. Maintain Open Communication with Employees on Leave

Regular, respectful communication with employees on FMLA leave can help prevent misunderstandings and reduce the likelihood of violations. Employers should remain transparent about any requirements, such as necessary documentation, and avoid pressuring employees to return before they are ready.

Conclusion

Understanding FMLA rights is essential for both employees and employers. FMLA violations, whether intentional or accidental, can lead to severe consequences and undermine trust in the workplace. Employees should be aware of their rights under FMLA, while employers should ensure compliance to create a supportive, legally compliant work environment. If you’re experiencing issues with your FMLA rights, consider reaching out to the U.S. Department of Labor or consulting a legal expert to protect your interests.