Labor & Employment Law
Family and Medical Leave Violations
The Family and Medical Leave Act (FMLA) is a federal law designed to provide eligible employees with the right to take unpaid, job-protected leave for specific family and medical reasons. This vital legislation helps employees balance work and personal responsibilities while ensuring their job security during times of need.
To qualify for FMLA leave, employees must meet specific requirements, such as working for a covered employer, having sufficient tenure and hours worked, and facing qualifying circumstances. Common reasons for leave include caring for a newborn or newly placed child, addressing a serious health condition, or attending to family needs related to military service. Employees may take up to 12 weeks of leave within a 12-month period—or 26 weeks for military caregiving purposes—either consecutively or intermittently.
While FMLA leave is generally unpaid, employees can often use accrued vacation or sick days. During leave, employees are entitled to maintain their health insurance coverage and must be reinstated to their original or an equivalent position upon returning to work, barring certain exceptions. The FMLA also prohibits retaliation or interference by employers, ensuring employees can exercise their rights without fear of reprisal.
If an employer violates the FMLA, affected employees can seek damages such as back pay, benefits, liquidated damages, and attorneys’ fees. Strict filing deadlines apply, so employees should consult an experienced employment attorney to protect their rights and explore available remedies.
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FMLA Frequently Asked Questions
The Family and Medical Leave Act (“FMLA”) entitles eligible employees to take a protected leave of absence for serious health conditions to care for themselves or a close family member.
Employees are eligible if they meet these requirements:
- Work for an employer who employs 50 or more employees within 75 miles of the worksite for at least 20 workweeks in the current or previous year
- Have worked for the employer for at least 12 months (does not have to be consecutive)
- Have worked at least 1,250 hours in 12 months
You are entitled to leave (consecutive or periodic) in three situations:
- For the birth of a child, to care for a newborn, or to bond with a newly placed adopted or fostered child
- To seek treatment for your own serious health condition or to care for a close family member (spouse, minor son or daughter or parent) with a serious health condition or a son or daughter over the age of 18 incapable of self-care because of a physical or mental disability
- In some circumstances related to military deployments, or to care for a service member
- Up to 12 weeks of unpaid leave in a given 12-month period
- Leave may be taken over time, in increments of just a few days, or even a few hours, as needed
- For military-related reasons: up to 26 weeks in a 12-month period for leave to care for a family member who was injured or became ill while on military duty
Note: There may be limitations to your right to take leave intermittently if the purpose of your leave is to care for a new child.
Generally, no. Employers are not required to pay you for time off under the FMLA. However, you may be able to use—or even be required by your employer to use—your available vacation and sick days while out on FMLA leave.
There are specific notice requirements:
- For foreseeable leave (like planned non-emergency surgery): Give 30-days’ advance notice
- For unforeseeable leave: Notify your employer as soon as possible, usually on the same or next day of your leave, if practicable
Yes. Your employer can require:
- Medical certification from your treating health care provider verifying your serious health condition
- A second or third opinion in certain circumstances (at their expense)
- Periodic updates and/or recertification of your need for leave once approved
Yes, you are entitled to continue your health insurance, although your employer may require you to pay your share of the premium.
Yes. Upon your return from leave, your employer must reinstate you to the same or an equivalent position at the same rate of pay and benefits. However, there are exceptions to this rule, so consult with an employment attorney to see if any exceptions might apply to you.
Yes. The FMLA prohibits an employer from retaliating against you because you took leave or attempted to take leave under the FMLA. It is also a violation of the FMLA for an employer to interfere with your right to take FMLA leave.
If an employer violates the FMLA, a prevailing employee can recover:
- Back pay and benefits as a result of the violation
- An additional amount equal to your back pay and benefits (liquidated damages) if you can prove the employer willfully violated the FMLA
- Reinstatement (if terminated) and front pay
- Reasonable attorneys’ fees and costs
Note: You are not entitled to emotional damages for violations of the FMLA.
The FMLA requires you to file a lawsuit within:
- Two years for standard violations
- Three years if the violation is willful
We are proven litigators and passionately seek justice for employees whose rights under the FMLA have been violated. If you believe your employer violated the FMLA, you may be entitled to damages. Consult with an employment attorney to evaluate your case and to explore all remedies available to you.