Has My Employer Violated FMLA?

If you feel you have been mistreated by your employer or in your place of employment and would like to explore your employment law options, call us today at 203-221-3100, or email Joseph Maya, Esq. at JMaya@mayalaw.com.

Under the federal Family and Medical Leave Act (FMLA), eligible employees have the right to take time off to bond with a new child, care for a seriously ill family member, recover from their own serious health condition, handle certain matters arising out of a family member’s military service, or care for a family member who was seriously injured in military service.

Employees who need leave to care for a family member who was injured during military service may take up to 26 weeks of leave during a single 12-month period; for other types of leave, employees may take up to 12 weeks every 12 months.

While on leave, employees are entitled to continue their health insurance benefits. Employees are also entitled to reinstatement once their leave is over, with a very limited exception for “key employees”: employees who are among the highest paid 10% of the employer’s workforce and whose reinstatement following leave would cause substantial economic injury to the employer.

Common FMLA Violations

Most FMLA complaints involve termination. In this situation, employees claim that they were not reinstated when they were ready to return to work following FMLA leave or that they were fired shortly after they returned.

Some FMLA complaints are about how the employee was treated after reinstatement. The FMLA gives employees the right to be reinstated to the same or a similar position. An employee who is demoted upon return, faces diminished pay or responsibilities, or otherwise mistreated, may have an FMLA claim.

Some employees file complaints about their employer’s refusal to allow leave. If, for example, an employee decides not to take time off because the employer threatens to fire him or otherwise make his life difficult, the employee may claim that his FMLA rights were violated by the employer.

An employee whose FMLA rights were violated has two options: The employee may file a complaint with the federal Department of Labor (DOL) or file a lawsuit.

Filing a Complaint with the Department of Labor

Employees who believe their employers have violated their FMLA rights can file complaints with the Wage and Hour Division of the DOL within two years of the violation. The Wage and Hour Division investigates complaints. It can also file lawsuits against employers in court, although this is exceedingly rare.

Filing a Lawsuit

An employee may also file a lawsuit for FMLA violations. (An employee doesn’t have to file a complaint with the DOL first.) Lawsuits must be filed within two years of the violation, or within three years if the violation was willful.

Damages Available

An employee who wins an FMLA case may be entitled to some or all of the following:

• back pay (lost wages, benefits, and other compensation the employee should have received)
• the cost of providing care (for example, if the employee had to hire a home health care assistant to care for an ill family member because the employer wouldn’t let the employee take leave, the employee can get that money back)
• reinstatement, promotion, or other job actions
• liquidated damages (an amount of money set by statute)
• attorney fees, and
• court costs.

Getting Legal Help

If you believe your employer has violated your FMLA rights, talk to an experienced employment lawyer. A lawyer can help you figure out whether you have valid legal claims and, if so, how best to assert them. Perhaps more important, a lawyer can help you negotiate with your employer. Employees tend to need FMLA leave at vulnerable moments in their life: when seriously ill, dealing with a family member’s serious health problems, or welcoming a new baby, for example. A lawyer can push your employer to honor your legal rights and avoid adding unnecessary stress to these challenging situations.

If you feel you have been mistreated by your employer or in your place of employment and would like to explore your employment law options, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.

Source: NOLO