The Family and Medical Leave Act (FMLA) was designed to protect employees facing life’s most important moments. The FMLA is designed to protect you whether you are welcoming a child, caring for a loved one, or managing a personal health crisis.
Under the FMLA, eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave per year, ensuring they can attend to personal or family needs without fear of losing their employment. Despite these protections, FMLA violations still occur, often leaving employees feeling uncertain and vulnerable. With the support and legal guidance of a knowledgeable employment law attorney from The Samuel Law Firm, you can protect your rights and take action if your employer infringes on them. Here is more about the rights you are afforded under the FMLA, and the steps you can take to hold your employer accountable.
Common FMLA Violations
Employers are legally required to honor protections outlined by the Family and Medical Leave Act (FMLA), but violations happen far more frequently than you might think. Here are some of the most common ways employers fail to comply:
Denial of Leave
One of the most blatant violations is when an employer wrongfully denies your request for FMLA leave. This might occur if your employer claims you aren’t eligible, despite meeting the requirements, or if they simply ignore or reject a legitimate leave request.
Retaliation
Some employers retaliate against employees who take FMLA leave by demoting them, reducing their hours, or even terminating their employment. Any adverse action that can be linked to your use of FMLA leave may constitute retaliation, which is explicitly prohibited under the law.
Misclassification
Employers sometimes misclassify employees to deny them FMLA rights. This can include incorrectly labeling employees as “part-time” or independent contractors to avoid meeting eligibility thresholds.
How to Identify if Your Rights Have Been Violated
Recognizing an FMLA violation can be tricky. Here are some warning signs that your rights may have been violated:
- Discouragement or threats – Any attempt to discourage you from taking FMLA leave, such as suggesting it could “hurt your career” or lead to layoffs, can be considered a violation.
- Documentation discrepancies – Misclassification or changes to your employee records, particularly regarding hours worked or employment status, could be part of an attempt to avoid FMLA obligations.
- Inconsistent application – If other employees in similar circumstances are granted FMLA leave while yours is denied, it may indicate unfair treatment.
- Unexplained denials – If your FMLA request is denied without a clear explanation or legitimate reason, this is a red flag.
- Workplace changes during leave – Returning from leave to find your role reduced, your responsibilities reassigned, or your position eliminated could signal retaliation.
Steps to Take When Experiencing a Violation
If you suspect an FMLA violation, it is essential to act quickly and strategically. Here are steps to protect your rights:
- Document and preserve evidence before filing your official complaint
- Review your employee handbook
- Speak to HR
- File a complaint with the Department of Labor (DOL)
- Consult an employment law attorney
Opportunities for Legal Recourse
When FMLA violations occur, employees have several options for legal recourse:
- File a complaint with the DOL
- Pursue a civil claim
- Seek injunctive relief
Key Concerns You Might Have About Filing a Complaint
Am I eligible for FMLA leave?
To be eligible, you must have worked for your employer for at least 12 months and logged at least 1,250 hours in the past year according to the FMLA FAQ section on eligibility. Your employer must also have 50 or more employees within a 75-mile radius.
Can I afford to pursue legal action?
Our employment law attorneys work for you on contingency, in line with 22 NYCRR 806.27, meaning you only pay if you win your case. Additionally, the court may order your employer to cover your legal fees if you prevail.
Will filing a complaint make things worse at work?
Retaliation for reporting an FMLA violation is illegal according to the Wage and Hour Division (WHD) or the DOL. If your employer takes adverse action against you after filing a complaint, you can demand they be held accountable to the fullest extent of the law.
Trust In a Compassionate Employment Law Attorney for Help Today
Remember, the FMLA was created to safeguard your ability to care for yourself and your loved ones without risking your job. Facing an FMLA violation can feel overwhelming, but you don’t have to go through it alone. A highly experienced New York wage and hour attorney from The Samuel Law Firm can provide the guidance and advocacy you need to protect your rights and bring your employer to justice.
If you suspect your rights have been violated, don’t wait. By taking action now, you can secure the protections and peace of mind you deserve. Your family, your health, and your future are worth fighting for. When you are ready to demand the fair compensation you deserve, contact our office to request a no-cost, risk-free consultation. Fill out our confidential contact form or call us to schedule yours as soon as today.
