When it comes to paid family leave, data from the Bureau of Labor Statistics reveals that 1 in 4 employees, or 27%, in the private sector have access to this important benefit. Unfortunately, three out of four employees in the private sector lack access to paid family leave.
FMLA attorney points out that there are specific criteria that must be met to qualify for the Family and Medical Leave Act (FMLA) protection in Beverly Hills, CA. To avail of the 12 weeks of unpaid leave, the employee must have a serious health condition; caring for an immediate family member with a serious health condition, or attending to their health condition; or the employee has a newborn, newly adopted, or newly placed foster child.
Stay informed to discover how to recognize the warning signs of FMLA violations and the actions you can take to safeguard your rights at work.
FMLA Basics and Employer Obligations
The Family and Medical Leave Act is a federal law that requires covered employers to provide eligible employees with up to 12 business weeks of unpaid leave per year without the risk of losing their role permanently. As an employer, it is important to understand that FMLA applies to businesses with 50 or more employees within a 75-mile radius, as well as public agencies and both public and private elementary or secondary schools.
While on FMLA leave, health benefits should remain in place just as if the employee were still on the job. Upon returning from FMLA leave, they have the right to return to their original job or a similar one that offers the same pay, benefits, and working conditions. Familiarity with these fundamental aspects of the FMLA can help you fulfill your obligations as an employer and avoid potential violations.
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Types of FMLA Violations
Employers can commit various types of FMLA violations that can result in legal consequences and penalties. One common violation is failing to inform employees of their rights under the FMLA. Employers need to provide important information with employees regarding their FMLA rights and responsibilities, including the need for giving notice before taking FMLA leave.
Another violation occurs when employers interfere with an employee’s FMLA rights, such as discouraging them from taking leave or pressuring them to return to work early.
Denying an eligible employee FMLA leave or retaliating against them for taking FMLA leave is also a serious violation. Employers must be cautious about terminating an employee who is on FMLA leave or right after they come back, as this could result in legal issues.
Recognizing Retaliation and Discrimination
Retaliation can show up in different ways, like getting demoted, missing out on a promotion, or experiencing unexpected shifts in your job duties after taking FMLA leave. Discrimination related to FMLA can manifest as being treated differently than your colleagues who haven’t taken FMLA leave or being subjected to negative comments about your FMLA-related absences.
Retaliation and discrimination can sometimes be subtle, manifesting in ways such as unexpected negative performance reviews or being left out of key meetings or projects. Pay attention to how your colleagues and supervisors interact with you before, during, and after your FMLA leave. Make sure to record any occurrences of retaliation or discrimination, noting the dates, times, and any witnesses who were there.
If you notice a pattern of mistreatment following your FMLA leave, it’s important to address it immediately. Being aware of the signs early on and keeping track of them can help you take important steps to safeguard your rights and possibly tackle any issues related to the FMLA.
Steps to Take If You Suspect Violations
If you think your employer might be violating the FMLA, it is important to quickly collect any evidence that backs up your worries. This could include any communication you have had with your employer about your FMLA rights, such as emails, letters, or notes from meetings. Document any instances where your employer may have denied you your rights under the FMLA, such as refusing to grant you leave, retaliating against you for taking FMLA leave, or failing to reinstate you to your previous position after FMLA leave. You’ll also need to gather any medical documentation supporting your need for FMLA leave.
Review your company’s policies and procedures related to the FMLA to ensure that your employer is following them correctly. If possible, speak with a supervisor or HR representative to address your concerns informally. HR can initiate an internal investigation to understand the circumstances surrounding the suspected violation. This can help identify any procedural errors or miscommunications that need to be addressed.
Pursuing Legal Action and Remedies
If you have tried to talk to your employer about the suspected FMLA violations and have not found a satisfactory solution, the next step might be to consider taking legal action. Taking legal action can help protect your rights under the Family and Medical Leave Act (FMLA) and hold your employer accountable for their violations.
If you’re considering taking legal steps, you have to file a complaint with the Wage and Hour Division of the Department of Labor or reach out to an employment lawyer who focuses on FMLA cases. An attorney can provide guidance on the best action to take based on your case. If your case has merit, you may be entitled to remedies such as back pay, reinstatement to your position, or other forms of compensation for damages incurred due to the FMLA violations.
Conclusion
If you believe your employer has violated your FMLA rights, don’t hesitate to take action. You can protect yourself and seek justice by recognizing the signs of retaliation and discrimination.
Follow the steps outlined in this article to address any violations and pursue legal action if necessary. Pursuing legal action can be a complicated process, so it’s necessary to gather evidence, document all interactions with your employer, and seek professional advice.
