In 1993, the Family and Medical Leave Act, or FMLA, was signed into law. The FMLA is defined as a labor law that requires certain employers to provide employees with job protections and unpaid leave upon the occurrence of certain medical or family reasons. If you have questions about FMLA or believe that your Family and Medical Leave Act have been violated, a qualified California family medical leave lawyer can answer your questions. You can connect with an experienced FMLA lawyer by calling the Law Offices of Labor Attorneys at (800) 337-7436.
Employers Covered by the Terms of the FMLA
Not all employers are obligated to follow the requirements of the FMLA. The following requirements exist for FMLA compliance:
- A private business must comply with the terms and conditions of the FMLA if the enterprise has had 50 or more employees for 20 workweeks or more during the current or previous calendar year.
- FMLA covers federal, state, or local governmental agencies regardless of the number of workers.
- FMLA applies to public or private elementary or secondary school regardless of number of employees.
Types of Leave Protected Under the FMLA
As discussed, the FMLA is designed to provide workers covered under the terms and conditions of the law with unpaid and job-protected leave (that includes a continuation of group health insurance coverage) in the same manner as if employees had not taken leave. The types of situations in which covered employees are entitled to protected leave under the FMLA are:
- Birth of a child
- Care for a newborn child within one year of that child’s birth
- Placement with employee of a child for adoption or foster care (within one year of that placement)
- Care for employee’s spouse with serious health condition
- Assist employee’s child with serious health condition
- Care for employee’s parent with serious health condition
- Serious health condition of employee that renders the worker unable to perform essential job functions
- Any qualifying exigency that arises out of an employee’s spouse, child, or parent who is a covered member of the military service on active duty
Bear in mind that the list set forth here is not exhaustive. What that means is that you may have a particular set of facts and circumstances that do fall under the provisions and protections of the FMLA.
FMLA establishes available leave time minimums for a 12-month time period. For example, the law permits 26 workweeks of leave during a 12-month time period to care for a covered servicemember.
Most Common Types of Employer Family and Medical Leave Act Violations
Violations of FMLA comes in many forms. With that recognized, there are a number of different types of FMLA violations that are more commonplace than others. Five of the most frequently occurring FMLA violations are:
- Failing to recognize an FMLA request
- Confusing FMLA leave with working from home
- Failing to handle employee benefits properly
- Counting FMLA leave days as absences
- Placing employee in lesser position upon return
Failure to Recognize FMLA Request:
The burden is on an employer to recognize when employees qualify for FMLA leave. An employee need not “make a case for leave” but rather must only advise an employer that the worker has a condition or need that he or she thinks triggers FMLA leave.
Confusion of FMLA Leave with Remote Work:
A good many employers equate FMLA leave as being akin to working remotely. It is not. In other words, when an employee is on FMLA leave, an employer cannot require or even request that this individual engage in remote work or working from home when on that type of leave.
Failure to Properly Handle Employee Benefits:
FMLA requires maintenance of certain benefits. For example, employer must maintain health insurance. Certain benefits pause during leave. For example, life insurance pauses. However, reinstatement occurs upon work return.
Classify FMLA Leave Days as Absences:
Another misstep made by employers is misclassifying FMLA leave. For example, improperly counting leave days as work absences. Pursuant to applicable FMLA provisions, Family and Medical Leave Act days off from work cannot legally be classified as absences.
Placement of Employee in Lesser Position:
Finally, one of the most commonly occurring FMLA violations involves the failure to place an employee in the same or similar position of employment upon return from leave. FMLA guarantees worker return to a comparable position.
Timeframe for Filing a Family and Medical Leave Act Claim
Specific timeframes exist for filing a FMLA claim. For this reason, if you find yourself with issues pertaining to your pursuit of a Family and Medical Leave claim, you need to be as proactive as possible in seeking legal representation.
The bottom line is that if you miss certain deadlines associated with the overall FMLA process, you may end up outside of time. In other words, you may be beyond a permissible deadline. Such a state of affairs very well may preclude you from pursuing a FMLA claim to its conclusion.
COVID and FMLA
There is a lack of complete clarity when it comes to the application of FMLA in a situation involving COVID. The Family First Coronavirus Response Act required employers covered under that law to provide paid sick leave expanded family and medical leave in a situation involving the novel coronavirus. These provisions were in effect for the time period from April 1, 2020, through December 31, 2020.
Employers may be able to obtain tax credits if they provide this type of leave for the time period from January 2, 2021, through September 30, 2021. No credit guarantees exist. Legal counsel provides guidance on credit issues. You can speak with a California FMLA lawyer by calling (800) 337-7436.
Retain an Experienced, Dedicated FMLA Lawyer Today
If you believe that your Family and Medical Leave Act rights have been violated, contact a FMLA lawyer at the Law Offices of Labor Attorneys today by calling (800) 337-7436. We will schedule an initial consultation and case evaluation with an experienced, caring FMLA attorney at your convenience. When meeting with a Family and Medical Leave Act lawyer you will not only get answers to your important questions but also a thorough explanation of your legal rights pursuant to FMLA. Legal counsel will provide an evaluation of your case as well.
There is no cost for an initial consultation and case evaluation with a FMLA attorney from the Law Offices of Labor Attorneys. In fact, our firm never charges a fee in a Family and Medical Leave Act case unless we win for you.
