Be aware of common FMLA violations

Be aware of common FMLA violations

On Behalf of | Feb 17, 2021 | Wage And Hour Violations |

If you have requested time off from your job under the Family and Medical Leave Act for the first time, you may be unsure what to expect from your employer. FMLA provides unpaid time off work to care for family members or recover from a medical issue without losing your job. 

Knowledge about the most common FMLA violations companies make can help you protect your employee rights. 

Denying a valid claim

You can receive FMLA benefits if you have worked for a company that has at least 50 employees for at least 1,250 hours in the past 12 months. You can request this type of leave if you or your immediate family member has a serious health condition and needs medical care. You can also request FMLA leave for the birth or adoption of a child or the placement of a foster child in your home. Denial of FMLA leave may constitute an employer violation 

Assigning duties on leave

Your employer cannot ask you to take calls, work from home, answer emails or otherwise perform job duties during your approved FMLA leave. The company should not contact you for work reasons. 

Requiring full-time leave

You do not have to take all 12 weeks of FMLA leave at once, or even on a full-time basis. For example, if you have a chronic condition that requires frequent doctors’ appointments, you can request FMLA to cover time off work once you run out of sick leave. 

You may have a legal claim if you experience a financial loss because of an employer FMLA violation.