The Family and Medical Leave Act (FMLA) is a vital federal law that grants eligible employees the right to take unpaid leave for specific family or medical reasons, without fear of losing their job. Whether you’re caring for a newborn, recovering from a serious illness, or supporting a family member with health challenges, the FMLA ensures that you can take up to 12 weeks of leave with the assurance that your position—or an equivalent one—will be available upon your return. This law is crucial in providing job protection and peace of mind during significant life events.

However, FMLA violations do occur, and they can have serious repercussions for employees. In Michigan, it’s essential for employees to understand their rights under both federal and state law. Employers are prohibited from interfering with or denying employees their rightful FMLA leave. They are also forbidden from retaliating against employees who take advantage of these protections. Whether it’s refusing to grant leave, terminating an employee for taking leave, or failing to restore them to their position afterward, any violation of the FMLA can lead to legal action.

Understanding the Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) is a federal law designed to protect employees who need to take time off for specific family or medical reasons. It ensures that eligible employees can take up to 12 weeks of unpaid leave without fear of losing their job. This leave can be used for various reasons, such as:

• The birth or adoption of a child
• Caring for a newborn or a recently adopted child
• Recovering from a serious personal illness
• Caring for a spouse, child, or parent with a serious health condition
• Addressing qualifying needs due to a family member’s active-duty military service

Eligibility Requirements

Not all employees are automatically covered by the FMLA. There are specific eligibility requirements that must be met:

• Employer coverage: Employees must work for a covered employer, which includes:
  • Private employers with 50 or more employees within a 75-mile radius
  • Public agencies, such as government organizations (regardless of employee count)
  • Public and private elementary and secondary schools (regardless of employee count)
• Employee eligibility: In addition to working for a covered employer, employees must:
  • Have worked for their employer for at least 12 months (these months do not need to be consecutive)
  • Have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave

Employee Protections under FMLA

The FMLA provides important job protection for employees who need to take leave. It ensures that:

• Job security: Employees are entitled to return to the same or an equivalent position after their FMLA leave ends. This means they must return to a role with similar duties, pay, benefits, and working conditions.
• Continuation of benefits: During FMLA leave, employers must continue to provide group health insurance coverage as if the employee were still working. However, employees are still responsible for their share of insurance premiums.
• Protection from retaliation: The law protects employees from being retaliated against for taking FMLA leave. Employers cannot penalize employees by reducing hours, denying promotions, or terminating employment because they exercised their right to take leave.

Common Types of FMLA Violations

Failure to Grant Leave

One of the most common violations occurs when employers unlawfully deny FMLA leave to eligible employees. Employers may refuse leave requests, even when the employee meets all eligibility requirements, such as working for a covered employer, meeting the hour threshold, and having a qualifying reason for leave.

• Discouraging leave: In some cases, employers may try to discourage employees from taking leave by implying negative consequences or suggesting the leave is unnecessary. They may falsely claim the employee is ineligible or that the leave will harm their career. This type of intimidation is illegal under the FMLA.
• Improper leave denial: Employers might also improperly deny leave by misclassifying the employee’s reason for leave as non-qualifying. For instance, denying leave for the birth of a child or for an employee’s serious health condition when it clearly qualifies under FMLA.

Interference with Leave Rights

Another type of FMLA violation is when employers interfere with an employee’s ability to fully exercise their FMLA rights.

• Requiring work during leave: Employers cannot require employees to work while they are on FMLA leave. For example, asking an employee to complete work tasks, attend meetings, or check in regularly while on leave is a violation of their FMLA rights.
• Pressuring an early return: Employers may also violate FMLA by pressuring employees to return early from leave. This can include persistent calls or messages urging the employee to come back to work before they are ready, which interferes with their right to take the full 12 weeks of protected leave.

Retaliation for Using FMLA

Employers are prohibited from retaliating against employees for taking FMLA leave. Retaliation includes any negative action taken against an employee because they exercised their right to take leave under FMLA.

• Termination or demotion: Employers cannot fire or demote an employee for taking FMLA leave. If an employee returns from leave and is suddenly terminated, demoted, or reassigned to a lesser position, it could indicate retaliation.
• Unfavorable treatment: Employees who take FMLA leave should not face any unfavorable treatment upon their return, such as a reduction in hours, pay, or benefits. Negative performance reviews or disciplinary actions closely following FMLA leave may also suggest retaliation. The law ensures that employees cannot be punished for utilizing their FMLA rights.

Failure to Restore to Position

The FMLA guarantees that employees will be reinstated to their original position or an equivalent one after returning from leave. A common violation occurs when employers fail to honor this obligation.

• Failure to reinstate: If an employee returns from FMLA leave and is not given their original job or an equivalent position, this violates their FMLA rights. An “equivalent” position must offer the same salary, benefits, and work responsibilities.
• Offering a lesser role: Some employers may attempt to downgrade the employee's position by assigning them a less desirable or lower-paying role, claiming that the original position is no longer available. This is a violation of FMLA, which requires the employee to be returned to the same or equivalent position they held before taking leave.

Steps to Take if You Suspect an FMLA Violation

Document Everything

The first step in addressing a potential FMLA violation is to document all interactions related to your leave. Thorough documentation can be critical in proving your case if the violation leads to legal action.

• Record your leave requests: Keep copies of all formal leave requests, including emails or written submissions to your employer. Ensure you document the reason for the leave and any responses from your employer, including whether the leave was approved or denied.
• Track communications: Document any conversations or communications with your employer or HR department about your leave. This includes phone calls, emails, or in-person discussions where your leave, work expectations during leave, or return-to-work plans were discussed.
• Note concerning behavior: If you experience any retaliation or unfavorable treatment after requesting or taking FMLA leave, write down the dates and details of these incidents. This could include being assigned to lower-level tasks, demoted, or facing unexpected disciplinary actions.

Review Your Employer’s Leave Policy

Familiarize yourself with your company’s FMLA policies to ensure compliance with federal regulations.

• Review employee handbooks: Look over your employer’s policies regarding family and medical leave in any employee handbooks or company documentation. While these policies must adhere to FMLA law, your employer’s specific procedures for requesting and taking leave may provide additional guidance.
• Ensure compliance: Compare your company’s FMLA policy with federal guidelines to see if any violations may have occurred. Ensure your employer is not creating unnecessary barriers to leave requests or interfering with your ability to exercise your FMLA rights.

Report the Violation

If you believe your FMLA rights have been violated, report the issue to your employer, typically through the HR department or higher management.

• Internal resolution: Many FMLA violations can be addressed internally by bringing the issue to the attention of HR or management. Your company may not be aware of the violation or could be misinterpreting FMLA requirements.
• Keep records: Ensure that you keep a written record of any complaints you make to HR and the responses you receive. This documentation will be useful if internal reporting does not resolve the issue.

File a Complaint with the Department of Labor

If internal reporting does not resolve the situation or if your employer retaliates against you, you have the option to file a formal complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD).

• Filing a complaint: You can file a complaint with the WHD if you believe your employer has violated your FMLA rights. The WHD will investigate your claim and determine whether a violation has occurred.
• Time limits: Be mindful of the statute of limitations for FMLA claims, which is generally two years from the date of the violation. In cases of willful violations, this limit may extend to three years.
• WHD investigation: Once a complaint is filed, the WHD will investigate the claim by examining your employment records, interviewing witnesses, and reviewing your employer’s FMLA practices.

Consult an Attorney

If you face retaliation, wrongful termination, or continued violation of your FMLA rights, it is critical to consult an attorney. An attorney with experience in employment law can help you evaluate your situation and explore legal options.

• Legal evaluation: A lawyer can assess whether your employer violated your FMLA rights and determine whether you have grounds for a legal claim. They can review your documentation, employment records, and other evidence.
• Filing a lawsuit: If the WHD investigation does not resolve the issue or if further legal action is necessary, an attorney can help you file a lawsuit to seek compensation for lost wages, benefits, emotional distress, and other damages caused by the violation.
• Protecting your rights: Having legal representation can also protect you from further retaliation or wrongful termination, ensuring your employer is held accountable for violating federal labor laws.

Contact Marko Law Today

Understanding your rights under the Family and Medical Leave Act (FMLA) is critical for ensuring that you are protected during times when family or medical obligations require you to take leave from work. If you suspect a violation of your FMLA rights, it is essential to take the proper steps, from documenting interactions with your employer to consulting an attorney if necessary. FMLA violations can have significant personal and financial consequences, but knowing your options can help you take control and seek justice.

If you believe your rights under the Family and Medical Leave Act have been violated, understanding your legal options is crucial. At Marko Law, our experienced attorneys are dedicated to helping employees protect their FMLA rights and pursue justice. Contact us today for a free consultation.

Call 1-833-MARKO-LAW or 1-313-777-7LAW to schedule your consultation.
Visit us at our main office: 220 W. Congress, 4th Floor, Detroit, MI 48226.
https://www.markolaw.com/