Signs Your Company Has Violated Your Rights Under the Family and Medical Leave Act

As an employment law attorney, I understand the importance of the Family and Medical Leave Act (FMLA). The FMLA safeguards employees’ rights. The FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons. However, not all employers adhere to these regulations, and violations can occur. Recognizing the signs of FMLA violations is crucial to ensuring your rights are protected.

Understanding Your FMLA Rights

Before identifying potential violations, it’s essential to understand your rights under the FMLA. Eligible employees are entitled to:

• Job-Protected Leave – Up to 12 weeks of unpaid leave for qualifying reasons, such as the birth of a child, adoption, personal or family illness, or military exigencies.
• Continuation of Health Benefits – Maintenance of group health insurance coverage during the leave under the same terms as if you had continued working.
• Restoration to the Same or Equivalent Position – Upon return from FMLA leave, you should be reinstated to your original job or an equivalent position with equivalent pay, benefits, and other employment terms.

Common Signs of FMLA Violations

1. Denial of FMLA Leave – If you meet the eligibility criteria and your reason for leave qualifies under the FMLA, your employer must grant the leave. A wrongful denial may indicate a violation. Employers are prohibited from interfering with, restraining, or denying the exercise of FMLA rights.
2. Failure to Maintain Health Benefits – During FMLA leave, your employer is required to continue your group health insurance coverage under the same conditions as prior to your leave. If your employer cancels your health insurance or requires you to pay the full premium without prior arrangement, this may constitute a violation.
3. Not Restoring You to Your Position – Upon returning from FMLA leave, you should be reinstated to your original position or an equivalent one. If your employer places you in a lesser role, reduces your pay, or alters your benefits negatively, this could be a sign of non-compliance.
4. Discouraging FMLA Leave – Employers must not discourage or prevent employees from taking FMLA leave. If your employer pressures you to postpone leave, threatens your job security, or implies negative consequences for taking leave, this behavior is prohibited under the FMLA.
5. Retaliation for Exercising FMLA Rights – Retaliation can include demotion, reduction in hours, unfavorable assignments, or termination after requesting or taking FMLA leave. Such actions are illegal and violate FMLA protections.
6. Misclassifying Your Employment Status – Some employers may incorrectly classify employees as ineligible for FMLA leave by misrepresenting the number of employees or your employment status. 
7. Inadequate Notice of FMLA Rights – Employers are required to inform employees of their FMLA rights. The law requires that they display the Department of Labor’s FMLA poster prominently in the workplace. Failure to provide this notice can indicate non-compliance.

Legal Protections Under Illinois Law

In addition to federal FMLA protections, Illinois law offers additional safeguards. For instance, the Illinois Employee Sick Leave Act requires employers to allow employees to use personal sick leave benefits for absences due to illness, injury, or medical appointments of family members.

Steps to Take if You Suspect an FMLA Violation

1. Document Everything – Keep detailed records of all communications with your employer regarding your leave request, including dates, times, and the nature of discussions.
2. File a Complaint – You can file a complaint with the U.S. Department of Labor’s Wage and Hour Division if you believe your FMLA rights have been violated.
3. Seek Legal Counsel – Consulting with an employment law attorney can help you understand your rights and explore legal remedies.
4. Review Employer Policies – Consult your employee handbook or company policies to understand the procedures for requesting leave and any related provisions.

FMLA Frequently Asked Questions

What Qualifies as a Serious Health Condition Under the FMLA?

A serious health condition includes illnesses, injuries, impairments, or physical or mental conditions that require inpatient care or continuing treatment by a healthcare provider. This encompasses chronic conditions requiring periodic treatment, long-term conditions, and conditions requiring multiple treatments.

Can My Employer Deny FMLA Leave If I Don’t Provide Advance Notice?

While employees are expected to provide 30 days’ advance notice when the need for leave is foreseeable, the FMLA recognizes that emergencies occur. In such cases, notice should be given as soon as practicable. Employers cannot deny leave solely because advance notice isn’t possible.

Are Part-Time Employees Eligible for FMLA Leave?

Eligibility depends on meeting specific criteria – working for a covered employer, having worked at least 1,250 hours over the past 12 months, and being employed for at least 12 months. Part-time employees who meet these criteria are eligible.

What Should I Do If My Employer Retaliates After I Take FMLA Leave?

Retaliation is illegal. Document any adverse actions and seek legal advice promptly to address the situation and protect your rights.

Does Illinois Provide Additional Family and Medical Leave Protections?

Yes, Illinois has enacted laws such as the Employee Sick Leave Act, allowing employees to use personal sick leave benefits for family members’ illnesses. Additionally, starting January 1, 2024, the Paid Leave for All Workers Act requires employers to provide up to 40 hours of paid leave annually for any reason.

Can My Employer Require Me to Use Paid Leave Concurrently with FMLA Leave?

Yes, employers can require employees to use accrued paid leave (such as vacation or sick leave) concurrently with FMLA leave. However, this must be communicated clearly, and the employer’s policies must align with FMLA regulations.

Contact The Law Office Of Michael T. Smith & Associates For Exceptional Representation 

If you believe your FMLA rights were violated, it’s important that you take action quickly to protect yourself. At the Law Office of Michael T. Smith & Associates, we are dedicated to advocating for employees’ rights and ensuring compliance with employment laws.

To receive your free consultation, contact our Chicago FMLA lawyer at the Law Office of Michael T. Smith & Associates by calling (847) 450-1103. Our office is located in Lisle, Illinois, and we proudly represent clients throughout the Chicago area.