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4 Common Ways Employers May Violate Your Right To FMLA

Do you need to take leave to deal with a medical crisis or major family change (such as birth or adoption)? Nearly every employee will face this necessity at some point during their career, and today's employees have protections that prior generations didn't.

One of the most important protections most employees have is the Family and Medical Leave Act (FMLA). This law, enacted in 1993, generally allows those who have worked more than a year for a company with more than 50 employees to take up to 12 weeks of unpaid leave without suffering job loss.

While the FMLA law gives employees more rights to care for their needs without losing their jobs, some employers still violate its provisions and harm employees who exercise this right. What types of harm might you experience? And what can you do if it happens (or has happened) to you? Here are four of the most common unlawful actions employees suffer.

1. Terminating Unlawfully

Just because the FMLA laws state that an employer cannot terminate someone who takes leave doesn't mean it does not occur. Unscrupulous employers may simply find ways to do so that aren't as obvious.

For example, wrongful termination may take the guise of poor performance reviews based on a person's 'unavailability' or not contributing to department assignments. The employer may count FMLA-covered absences against an employee. Or they may opt to 'lay off' the position while the person is gone or turn a temporary layoff into a permanent one.

2. Denying Reinstatement

When they return to work, the employee who took FMLA is supposed to be reinstated to their prior position or an equivalent one. This must generally occur with days of giving notice that you will return from leave.

The leeway within the idea of equivalent gives some employers a way to punish employees, though. For instance, while it is acceptable that a position may evolve or become extinct during a person's leave, this can be abused. An employer may offer a lower position — either in seniority, pay, hours, or skill — and call it an equivalent one. They could even say you must wait for a position to open up, which violates the law.

3. Bullying Employees on Leave

Some employees suffer from bullying when they take federally-protected leave. From the outset, a company may downplay the medical necessity or mock the employee's situation. A boss may constantly call, text, or email the employee asking when they will return. They might berate or ridicule the employee for being less available or taking time off, or they may claim the employee is being selfish.

You may find it hard to recognize pressure or bullying, and it can be even harder to stand up to because of its personal nature.

4. Retaliation After Returning

Once you return to work, your boss might still engage in punitive behavior. Such retaliation can extend for months or even years after a person took leave. A supervisor might change your schedule, for instance, to one that creates serious challenges for you. They may deny promotions, new projects, or client accounts — using the excuse that you weren't around to build skills or develop relationships.

Have you noticed any of these unlawful behaviors or acts at your workplace? Whether you are contemplating leave or have taken leave amid such a hostile work environment, it's never too late to take control and receive what you are legally and rightfully due.

At Allen D. Arnold Attorney at Law , our FMLA attorneys will help you resolve the situation, determine if you have a case, and seek compensation when necessary. Call today to make an appointment.

Alabama Rules of Professional Conduct Notice: No Representation is made that the quality of legal services offered is greater than that of other lawyers. The information contained on this website is not a substitute for legal advice, and reading it does not create an attorney-client relationship.

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