The Family and Medical Leave Act (FMLA) establishes important protections for workers. When they have a medical emergency, add a child to the family or need to support a loved one with a health issue, the FMLA allows them to take up to 12 weeks of unpaid leave.
Employees who have held their jobs for at least a year, who work for companies with at least 50 employees and who have qualifying circumstances have protection under the FMLA. Unfortunately, employers don’t always comply with the laws enacted to protect workers.
What forms of employer misconduct might occur in the wake of an FMLA leave request?
Unfair denials of leave
Companies that can accommodate unpaid leave requests under the FMLA have an obligation to do so. Sometimes, employers try to misrepresent the circumstances to workers and lie to them about their rights.
They may insist that taking leave isn’t an option and tell the workers they have to show up or face disciplinary action. In such cases, workers may need help asserting their rights to their employers.
Illegal retaliation
The FMLA protects workers from retaliation. Specifically, they should not face terminations, demotions or other punitive actions for requesting leave or when they return to their position. Documenting leave requests and employer responses can help employees make use of the laws in place for their protection.
Workers dealing with denied leave requests and illegal retaliation may need support communicating with their employers or taking legal action to resolve the matter. Professionals who understand the law and have appropriate support can more effectively utilize their FMLA leave rights or hold employers accountable for violating them.