Employee Rights Under the Family and Medical Leave Act (FMLA)

Balancing work and personal responsibilities can be challenging, especially during family or medical emergencies. The Family and Medical Leave Act (FMLA) provides eligible employees with the right to take unpaid, job-protected leave for specific reasons, ensuring you can address life’s demands without risking your job. Understanding your rights under the FMLA is crucial for safeguarding both your career and well-being.

What Is the FMLA?

The FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid leave in a 12-month period for certain family and medical reasons. Covered reasons include:

• Caring for a newborn, adopted, or foster child within the first year of placement.
• Caring for a spouse, child, or parent with a serious health condition.
• Recovering from a serious health condition that prevents you from performing your job.
• Addressing qualifying exigencies related to a family member’s military service.

Additionally, eligible employees may take up to 26 weeks of leave in a 12-month period to care for a covered service member with a serious injury or illness.

Who Is Eligible for FMLA Leave?

To qualify for FMLA leave, employees must meet the following criteria:

• Have worked for their employer for at least 12 months.
• Have logged at least 1,250 hours during the 12 months preceding the leave.
• Work at a location where the employer has 50 or more employees within a 75-mile radius.

Employers covered by the FMLA include private-sector employers, public agencies, and schools.

Your Rights Under the FMLA

The FMLA provides employees with several important rights, including:

• The right to take unpaid leave without losing your job or health insurance coverage.
• The right to return to your original job or an equivalent position upon returning from leave.
• Protection from retaliation for requesting or taking FMLA leave.
• The ability to take intermittent leave or work on a reduced schedule if medically necessary.

Employers are required to provide employees with information about their FMLA rights and obligations.

Recognizing FMLA Violations

Employers may violate the FMLA in several ways, such as:

• Denying a valid leave request or delaying approval unnecessarily.
• Failing to reinstate an employee to their original or equivalent position.
• Disciplining or retaliating against an employee for taking FMLA leave.
• Failing to notify employees of their FMLA rights.

If you suspect an FMLA violation, it’s important to act quickly to protect your rights.

Steps to Take If Your FMLA Rights Are Violated

If you believe your employer has violated your FMLA rights, follow these steps:

1. Document the Issue: Keep records of your leave requests, correspondence, and any adverse actions taken by your employer.
2. File a Complaint Internally: Report the issue to your HR department or another designated representative.
3. File a Complaint with the Department of Labor: The Wage and Hour Division (WHD) enforces the FMLA and can investigate your claim.
4. Consult an Employment Lawyer: An attorney can help you navigate the process and seek remedies such as back pay, benefits, and damages.

How Castronovo & McKinney Can Help

Castronovo & McKinney, LLC is dedicated to protecting employees’ rights under the FMLA. Our experienced attorneys can:

• Review your case to determine if your employer violated FMLA regulations.
• Assist in filing complaints with the Department of Labor or pursuing legal action.
• Negotiate settlements to recover lost wages, benefits, and other damages.
• Represent you in court to ensure your rights are upheld.

We are committed to helping employees balance their professional and personal responsibilities while protecting their rights.

Protect Your Rights Under the FMLA

If your employer has denied your FMLA leave or retaliated against you, don’t wait to take action. Contact
Castronovo & McKinney, FMLA Attorneys today for a consultation. Let us help you safeguard your rights and pursue justice.