The Family and Medical Leave Act permits workers to take leave for reasons such as a serious medical condition that makes the employee unable to work or to look after a seriously ill child, spouse, or parent. The FMLA ensures job protection during the leave period. Also, employers must continue providing employees with health insurance during FMLA leave. However, despite its importance, some employers violate employees’ FMLA rights.
It is crucial for employees to recognize the signs of FMLA violations. Understanding these signs can empower employees to protect their rights and take action when their rights are compromised. Below are some indicators that your FMLA rights are being violated;
1. Failure to Recognize an Employee’s Request as Falling Under the FMLA
When requesting FMLA leave, you are not required to use the term “FMLA.” Your employer is expected to review your requested leave and determine if it falls under the FMLA. However, you must provide enough information for your employer to know the leave may be covered by the FMLA. Sometimes, employers claim that an employee did not request an FMLA leave when, in fact, the employee did request an FMLA leave. For example, if you request time off to care for a seriously ill child and your employer treats it as regular leave instead of FMLA leave, they may be violating your FMLA rights.
2. Demanding More Advance Notice for FMLA Requests
For an employee to take FMLA leave, they must provide appropriate notice. You are required to give at least one month’s notice if it is possible and practical to do so. If informing your employer at least 30 days prior is impossible, you must provide notice as soon as possible and practical. Some employers may demand more advance notice. For example, an employer may require a 60-day notice.
3. Delays of Approval
If taking your FMLA leave may disrupt your job, your employer may ask you to plan your leave at a time that will be less disruptive. However, if you submit a valid FMLA leave request and your employer unjustly delays it, it could be a sign of a violation. Also, it is against the law for your employer to, for example, ask you to postpone a necessary medical treatment without a valid reason.
4. Your Employer Demands You Work During Your FMLA Leave
Employers cannot expect workers to perform work-related tasks during their FMLA leave. The purpose of FMLA leave is to allow you to take unpaid time off work for qualifying family or medical reasons without the obligation to perform work duties when on leave. If your employer requires you to check emails or complete other work-related tasks when on FMLA leave, it could be a violation of your rights.
5. Requests for Excessive or Unrelated Documentation
Your employer can require documentation in connection with your leave request. However, if your employer asks for excessive or unrelated documentation, it may indicate FMLA rights violations.
Contact Us for Legal Help
If you believe an employer has violated your FMLA rights, contact our New Jersey employment lawyer at The Trabosh Law Firm for legal help.