3 Things To Know About The Family Medical Leave Act

In 1993, Congress passed the Family Medical Leave Act (FMLA). This federal law requires businesses of a certain size to give employees multiple weeks of time off to cope with pregnancy, personal illnesses, child adoption or foster parent issues, family health challenges and issues related to military service members and spouses. Every state must honor FMLA laws, but state employees have different remedies in a Court of law than employees working for private employers.

Whether you've gotten into a conflict with your employer over a family medical leave request or you'd just like to know your rights in anticipation of an extended leave from work, you can benefit from a basic understanding of FMLA provisions, limitations, and violations. Think about the following three points regarding this law.

1. The FMLA Permits Unpaid Leave for a Variety of Reasons

The federal government originally created the FMLA to solve the problem of workers losing their jobs simply because they had to take a few weeks off for medical reasons, including the weeks leading up to and following pregnancy. Today, the FMLA guarantees employees up to 12 weeks of unpaid FMLA qualifying leave every 12 months.

Today's version of the FMLA also extends special leave permissions for individuals who serve in the military. Military caregiver leave can last up to 26 weeks per 12-month period. 

Situations commonly covered by the FMLA include childbirth, care for a newborn child, adoption or foster care placement, care for an immediate family member suffering from a serious health problem, and medical leave necessitated by an employee's own serious medical issue.

2. FMLA Violations and Abuse Can Take Many Forms

Despite the status of the FMLA as the law of the land, employers sometimes abuse or violate the Act in various ways. One prime example involves medical benefits, which the FMLA requires employers to maintain for employees on medical leave. Cancellation of these benefits could count as an FMLA violation. However, if you contribute to your employee benefits by paying a share of the premiums, you may be obligated to pre-pay those premiums prior to commencing FMLA leave. 

Other actions that violate the FMLA include failing to reinstate employees to equivalent positions after their return from leave, as well as any acts of discrimination, retaliation, or harassment related to the leave request. Even the failure to post the FMLA regulations in a visible spot can draw a Department of Labor fine (and be evidence to support a private cause of action).

Bear in mind, however, that not every employer has to adhere to FMLA regulations. The FMLA generally applies to private companies (including non-profits) that employ 50 or more employees. To be eligible for leave, the employer must employee fifty (50) or more employees within seventy-five (75) miles of your worksite, the employees must have twelve months or more of service with the company, and more than 1,250 hours of service within the previous twelve months. If your employer doesn't fall into these basic categories, its actions against you may not constitute an FMLA violation.

3. You Can Take Legal Action Against an FMLA Violation

If your employer has violated your FMLA rights, you can file a lawsuit against them to reclaim and enforce those rights. As an alternative to a privately-filed lawsuit, you can file an official complaint with the Secretary of Labor at the Wage and Hour Division of the U.S. Department of Labor.

You must pay attention to the acceptable timelines for these actions. You have two years from the last violation, or three years from the last willful violation, to file your lawsuit. If you file a complaint instead, you must still do so within a reasonable period of time following the violation. As a rule of thumb, employees should file lawsuit within two years of the company’s illegal actions. 

If you believe your employer has denied an FMLA-qualifying leave or terminated you unfairly over issues related to your medical leave, contact Allen D. Arnold, Attorney at Law. Our team can discuss your concerns and options with you in a free consultation.

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