“Do I Have an FMLA Case?” The answer to this question requires consideration of several factors.
Any person may need time off to take care of urgent matters, whether family or medical. That is the purpose for which the Family and Medical Leave Act of 1993 (FMLA) was enacted. The law protects employees in such situations and provides a comprehensive guideline to assist them in accessing unpaid leave when needed.
Typically, employees are unsure whether they have an FMLA violation case and, if they do, how to access their rights. In this article, we will assess the FMLA law in Pennsylvania, cover its scope and application and assist you in evaluating if you have an FMLA case.
What Is FMLA?
The FMLA is a federal statute that provides qualified employees with unpaid leave for specific family and medical reasons. The law is applicable in all 50 states.
Your employee may not sanction you for enjoying your rights under the law. However, the law is not absolute. You must meet specific requirements to claim leave under the FMLA successfully.
Before determining if you have a claim or may be entitled to an FMLA violation lawsuit, it is necessary to address other laws that are directly or indirectly related to the FMLA and govern specific employment situations.
These include the following:
- Americans with Disability Act of 1990 (ADA): The ADA provides added protection for persons who have a disability.
- Title VII of the Civil Right Act of 1964: The Civil Rights Act prohibits employment discrimination based on protected classes, including race, color, national origin, religion and gender.
- The Age Discrimination in Employment Act of 1967 (ADEA): The ADEA safeguards employees against age discrimination.
Can You Sue Your Employer for an FMLA Violation?
You may be able to sue your employer for an FMLA violation if:
- You meet the legal requirements.
- Your employer acts contrary to the law.
The law provides employees with unpaid leave that is granted by their employer. Any sanction by your employer — whether in the form of termination of employment, demotion or refusal to grant benefits due — may be unlawful. It does not matter whether your employer sanctioned you knowingly or ignorantly.
To know if you can initiate a lawsuit for an FMLA violation, we will answer the following questions:
- Who does the FMLA apply to?
- What qualifies for leave under the FMLA?
- How long is the FMLA leave?
- What are FMLA violations?
These will assist you in proving an FMLA violation.
Legal Requirements Under the FMLA
Under this section, we will answer the first three questions: Who does the FMLA apply to? What qualifies for leave under the FMLA, and how long is the FMLA leave?
1. Who Does the FMLA Apply to?
You must work under a “covered employer” to be eligible to benefit under the FMLA. A covered employer has at least 50 employees within 75 miles of their organization. You also must have worked for at least one year in that employment. Lastly, you should have worked at least 1250 hours within the last 12 months.
2. What Qualifies for Leave Under the FMLA?
You can request FMLA leave when:
- You have a newborn child within one year.
- You become the parent of an adopted child or have a foster child placed in your care within the last year.
- You have to care for your child, spouse or parent with a serious health condition.
- You are personally unwell and cannot efficiently perform at work.
- You have to take care of your spouse, child or parent who is a military member on duty.
3. How Long Is the FMLA Leave?
Generally, you may be entitled to 12 weeks of leave — during working days — within a year. However, you may be entitled to 26 weeks of leave to cater to a spouse, child, parent or next of kin who is seriously ill or injured and is also a military member.
When you are expecting a newborn, the FMLA permits you to take three months off during or after the pregnancy. The FMLA also allows fathers to access the FMLA leave during their child’s birth and care for the child and spouse. Additionally, you are not required to take all the leave at once. You may apply for leave when needed.
What Are FMLA Violations?
The FMLA protects you from unlawful sanctions. In other words, the law prohibits your employer from terminating your employment, causing your demotion or refusing to grant any benefits because of your use of or request for FMLA leave. Let’s consider them in more detail:
1. Denying Leave
The FMLA protects you when your employer refuses to grant leave on qualifying grounds. The FMLA provides that employees are entitled to leave on the grounds of a qualifying serious illness, injury or impairment or physical or mental conditions. Therefore, if you or a family member falls within this category, you may be entitled to an FMLA leave.
2. Imposing Sanctions
The leave is provided and secured by law. The essence is to aid employees in situations of family or medical emergencies. Hence, your employer violates the FMLA when they dismiss, demote or withhold any benefits from you. Such violations may include withholding health insurance coverage, failing to reinstate you into the original or similar position or failing to promote you as required.
3. Counting Your FMLA Leave as Absent Days
The FMLA leave is distinct from your ordinary days off, which may or may not be covered under your employment contract, although your employer may require you to use paid time off concurrently with FMLA leave. Your employer may not give you a poor performance review or discipline you because of your use of authorized FMLA leave.
What Do You Do When Your Employer Violates the FMLA?
Contact an employment attorney. This is not a legal requirement, but it is helpful to assess and access your claim. When your employer violates the FMLA rules, you may lodge a complaint with the Wage and Hour Division of the Department of Labor.
Alternatively, you may commence an FMLA violation lawsuit to claim damages. The court may also make orders in relation to the matter, such as preventing your employer from taking certain actions against you or compelling your employer to do certain things in your favor. For instance, the court may order your employer to grant you the FMLA leave, reinstate you into your previous position, or provide compensation for economic loss incurred because of the employer’s violations.
Request a Free Consultation From Weisberg Cummings
The Family and Medical Leave Act is a federal law that grants employees access to unpaid leave for family and medical reasons. The FMLA applies to employers covered under the Act. The employee must also be eligible to benefit under the law. The FMLA grants up to 12 weeks of leave to employees on grounds of serious injury or illness, whether personally or family-related. For employees whose families are members of the military, the law allows up to 26 weeks of leave.
Weisberg Cummings, P.C.serves employees in PA in various employment matters. Our employment lawyers have over 40 years of combined experience standing up for individual rights.
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