The Family and Medical Leave Act provides crucial protections for employees who need time off for serious health conditions, to care for ill family members, or to bond with new children. When employers violate these protections by denying legitimate leave requests, retaliating against employees who take leave, or interfering with FMLA rights, affected workers have the right to pursue legal action. Understanding FMLA violations and your legal options helps you protect your job while addressing important family and medical needs.
Overview of FMLA Protections
The FMLA entitles eligible employees to take up to twelve weeks of unpaid, job-protected leave during any twelve-month period for qualifying reasons. These reasons include the birth or adoption of a child, caring for a spouse, child, or parent with a serious health condition, or when the employee's own serious health condition prevents them from working. Military family leave provisions provide additional protections for families of service members.
Job protection means your employer must restore you to the same position you held before taking leave, or to an equivalent position with equivalent pay, benefits, and other terms of employment. Your employer must also maintain your group health insurance coverage during leave on the same terms as if you had continued working. These protections ensure that employees do not have to choose between their jobs and their families' health.
Types of FMLA Violations
FMLA violations fall into two main categories: interference and retaliation. Interference occurs when an employer prevents or discourages an employee from exercising FMLA rights. This includes refusing to authorize valid FMLA leave, failing to designate leave properly, or requiring an employee to work while on approved leave. Even subtle actions that discourage employees from taking needed leave can constitute interference.
Retaliation occurs when an employer takes adverse action against an employee because they exercised or attempted to exercise FMLA rights. Firing someone shortly after they return from FMLA leave, demoting them, reducing their hours, or giving them negative performance reviews based on their leave all constitute potential retaliation. Employers are prohibited from punishing employees for using leave they are legally entitled to take.
Common Employer Violations
One of the most common violations involves employers failing to notify employees of their FMLA rights and responsibilities. Employers must provide specific notices when an employee requests leave or when the employer learns that an employee's absence may qualify as FMLA leave. Failure to provide these notices can constitute interference with FMLA rights even if the employer does not deny the leave itself.
Other frequent violations include requiring employees to find their own replacements before taking leave, refusing to reinstate employees to their former or equivalent positions, counting FMLA absences against employees in attendance policies, and failing to maintain health benefits during leave. Some employers also improperly require medical certifications, demand more documentation than the law allows, or unreasonably delay leave approval while requesting additional information.
Proving an FMLA Violation
To succeed in an FMLA lawsuit, you must first establish that you were an eligible employee of a covered employer and that you took or requested leave for a qualifying reason. For interference claims, you must show that the employer denied, discouraged, or interfered with your exercise of FMLA rights and that you suffered harm as a result. The employer's intent does not matter for interference claims; even inadvertent violations can create liability.
Retaliation claims require showing that you engaged in protected FMLA activity, that your employer took adverse action against you, and that there was a causal connection between your protected activity and the adverse action. Timing often provides important evidence, as adverse actions occurring shortly after an employee returns from leave or requests leave suggest retaliatory motive. The employer may offer legitimate reasons for its actions, which you can then challenge as pretextual.
Remedies for FMLA Violations
Successful FMLA claims can result in significant remedies designed to make employees whole. Damages include lost wages and benefits resulting from the violation, including back pay if you were terminated and front pay if reinstatement is not feasible. If you lost health insurance coverage, the employer may be liable for medical expenses you incurred that would have been covered.
The FMLA also provides for liquidated damages equal to the amount of your compensatory damages unless the employer can prove its violation was in good faith. This effectively doubles your recovery in many cases. Successful plaintiffs can also recover attorney fees and costs, ensuring that legal representation is accessible even for employees who could not otherwise afford it.
Filing an FMLA Lawsuit
Unlike some employment laws that require filing with administrative agencies first, FMLA claims can be brought directly in federal or state court. The statute of limitations is two years from the date of the violation, or three years if the violation was willful. Because some violations are ongoing, determining exactly when the limitations period begins can be complex.
Before filing suit, gather documentation supporting your claim. This includes any communications about your leave request, medical certifications, notices from your employer, pay records showing any compensation losses, and evidence of any adverse actions taken against you. Witness statements from coworkers who observed relevant events can also strengthen your case.
Working With an Employment Attorney
FMLA cases involve complex legal and factual issues that benefit from experienced legal representation. An employment attorney can evaluate whether your employer's actions constitute violations, help you gather and preserve evidence, and advocate effectively on your behalf. Many employment attorneys handle FMLA cases on contingency, meaning they only get paid if you recover compensation.
Early consultation with an attorney is advisable even if you are still employed and hoping to preserve the relationship with your employer. An attorney can advise you on how to document ongoing violations, communicate with your employer effectively, and protect your rights while attempting to resolve issues short of litigation. If informal resolution fails, having legal counsel ensures you are prepared to pursue formal legal action.