Employment Law

Personal Injury

Common employer FMLA violations

by | Feb 10, 2019 | Race Discrimination |

The Family and Medical Leave Act protects employees’ jobs when they take extended time off for health reasons, either of their own or for family members. Enacted more than 25 years ago, businesses still often misstep when dealing with employee FMLA issues. At Thornberry Brown, LLC we have the expertise and experience assisting clients subjected to unlawful employment practices.

Bizfluent reports that businesses are often guilty of FMLA violations. Among the most common errors by organizations is the failure to inform you of your rights. There are many acceptable ways organizations can do so:

  • Directing you to a workplace poster
  • Handing you a printed fact from the U.S. Department of Labor’s website
  • Spending five minutes discussing the FMLA rules and requirements

However, many companies fail to formally inform their employees of their rights or how the law works.

The regulations guarantee you up to 12 weeks of unpaid time off. For some businesses, leaving the position vacant or training a temporary replacement is a strain on their resources. The result is often excessively scrutinizing the employee’s FMLA eligibility. The outcome is often a denial of leave for the individual who needs the time off.

FMLA does not protect employees who do not return to work once their approved leave dates have passed. Employers must present documentation regarding the leave dates, the return-to-work date and proof that the individual did not return to his or her job. However, if your employer terminates your employment while on leave, it is an FMLA violation. If you return to work and find your position is no longer available, it is also a violation. Visit our webpage for more information on this topic.