Understanding Your Rights Under the Family Medical Leave Act (FMLA)

In the past, employees who faced pregnancy or serious illness often lost their jobs without any legal protection. However, times have changed, and the Family Medical Leave Act (FMLA) has provided employees with the right to take a leave of absence and return to their job. This blog will provide an overview of the rights granted by FMLA, who qualifies for a leave of absence, what to do if your employer violates these rights, and the potential value of an FMLA lawsuit.

Qualifications for FMLA

In order to be eligible for FMLA protection, you must meet three criteria:

-  You must have been employed by the company for at least 12 months.

-   You must have worked at least 1,250 hours during those 12 months, which averages to about 4.8 hours per workday.

-   Your employer must have 50 or more employees within 75 miles of your working location. However, this requirement does not apply to public employers, such as public schools, federal agencies, state departments, and municipalities.

Benefits of FMLA

If you qualify for FMLA, you are entitled to take up to 12 weeks of unpaid leave in any 12-month period. At the end of your leave, your employer must allow you to return to the same job or a comparable position with similar pay, benefits, seniority, and responsibility. While on leave, your employer must continue to provide health insurance coverage, and you can take the leave in one continuous period or intermittently as needed.

Reasons for Taking a Leave of Absence

FMLA permits you to take a leave of absence for the following reasons:

1.  Birth of a child (maternity leave)

2.  Caring for a child, spouse, or parent with a serious health condition

3.  Having a serious health condition that prevents you from performing your job

4.  Caring for a family member injured during military service

5.  Preparing for military service or attending military ceremonies

6.  Placement of an adopted or foster child in your home

What Qualifies as a Serious Health Condition

To be considered a serious health condition under FMLA, the condition must involve inpatient care at a hospital, hospice, or residential healthcare facility, or continuing treatment by a physician or healthcare worker. Short-term conditions like the common cold or upset stomach do not qualify, and voluntary or cosmetic treatments are also not covered unless related to an accident or illness that requires inpatient care.

Requesting a Leave of Absence

If you need to take a leave of absence, follow these steps:

1.  If the leave is foreseeable, give your employer reasonable advance notice, such as 30 days' notice for maternity leave.

2.  Submit your request in writing, preferably via email.

3.  Provide your employer with a doctor's note or medical certification documenting the need for the leave, including the start date, expected duration, and any medically relevant information.

4.  Coordinate with human resources to ensure minimal disruption to company operations if taking intermittent leave.

Dealing with Leave of Absence Denials

If your employer denies your leave of absence request, it is important not to panic or quit your job immediately. Instead, consider the following options:

1.  Complain in writing to the appropriate authority at your company, explaining the legal requirements of FMLA and how your rights have been violated.

2.  If your complaint is unsuccessful, consult an attorney who specializes in employment law for guidance on next steps.

3.  Consider sending a written letter to the company, stating your intention to go on leave despite the denial and indicating your plan to return when you are able.

4.  If your employer continues to deny your leave or retaliates against you, it may be necessary to file a lawsuit to protect your rights.

Potential Damages in an FMLA Lawsuit

If you decide to pursue an FMLA lawsuit, you may be eligible to recover the following types of damages:

    -  Lost wages, including salary, benefits, hourly wages, and bonuses

    -  Emotional distress damages, although these are not available under FMLA in most cases

    -   Punitive damages, if the company's conduct was particularly egregious

    -  Attorney's fees, which can increase the overall value of your settlement

Important Deadlines

It is crucial to be aware of the statutes of limitations for filing an FMLA case. Generally, you have two years from the date of the violation to file a lawsuit. However, if the violation was willful, you may have up to three years to take legal action. Additionally, some states may have shorter deadlines, so it is essential to consult an attorney in your state to ensure you do not miss any filing deadlines.

Conclusion

Understanding your rights under FMLA is crucial for protecting yourself and your job. If you believe your employer has violated your FMLA rights, it is advisable to consult an experienced employment lawyer who can guide you through the process and help you pursue the compensation you deserve. Remember, each FMLA case is unique, so it is best to seek personalized legal advice to determine the potential value of your specific situation.

Disclaimer: This blog is intended as an informational overview of FMLA and is not legal advice. For specific guidance regarding your circumstances, please consult with an attorney in your state.