The Family Medical Leave Act of 1993 (FMLA) is meant to help employees balance their work and family lives. With this law, some types of employees are allowed unpaid leave for family or medical reasons. Employees who are eligible for the leave can take up to twelve weeks of this leave every year. During their leave, they can retain any group health benefits they are enrolled in. However, this law can be violated, impacting the ability of an employee to care for themselves and their loved ones. Should you become a victim of an FMLA violation, it’s important to retain an employment attorney near me to protect your rights. The following are common violations of the Act:
Employers Not Notifying or Recognizing FMLA Leave
Every employer in the state of New Jersey has a duty to notify employees of their FMLA rights. Also, they must notify an employee when leave counts toward their FMLA 12-week limit. Employers should recognize when an employee is giving notice of FMLA leave. Failing to uphold these duties is a violation of the Act.
Employers Not Recognizing Qualifying Reasons for Leave
Under the Act, employers should recognize qualifying conditions that warrant taking an FMLA leave. Thus, they can’t refuse an employee leave if the reason they present is covered by the law. Examples of qualifying reasons include taking care of one’s own health due to a serious medical issue, caring for an immediate family member who suffers from a serious health condition, incapacity because of pregnancy or health conditions after childbirth, the birth and care of a newborn, and more.
Employers Taking Disciplinary Actions Against an Employee for Using FMLA Leave
Employees who are eligible for FLMA-protected leave may take it when a medical or familial problem arises. Thus, their employees can’t retaliate against or terminate an employee for taking FMLA leave.
Employers Not Allowing an Employee to Take Part-time Leave
Some qualifying reasons to take FMLA leave don’t require a full-time absence from work. In such cases, an employer should allow an employee to take part-time leave, as long as medically supported. During the leave, the employee should get paid for their part-time work. Also, the days the employee spend at work don’t count towards their 12-week limit.
If you suspect your rights were violated under the FMLA, call your attorney as soon as possible. Through litigation, you may be able to recover what you lost because of the actions of your employer.
