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Signs your employer has violated your FMLA rights

On Behalf of | Feb 27, 2024 | Employment Law (Employee)

If you’ve worked for your employer for the last 12 months, your employer has at least 50 workers, and you’ve worked at least 1,250 hours over the last year, then you qualify to take protected leave under the Family Medical Leave Act (FMLA). Yet, all too often employers deny leave pursuant to the FMLA, which could prevent you from taking the time off necessary to treat your medical condition, care for an ailing loved one, or bond with your newborn child.

Tragically, many workers just accept their employer’s denial. Don’t be so quick to do so. Your employer may have violated your rights by denying leave, and you might be entitled to compensation as a result.

Signs that your FMLA request was wrongfully denied

There are a lot of justifications that employers try to use to get away with violations of your right under the FMLA, and sometimes it’s hard to determine if your rights have been violated. Here are some issues that you’ll want to be on the lookout for when navigating your FMLA claim.

  • Your employer wrongfully claims that you provided insufficient documentation to take FMLA leave.
  • Your employer wrongfully denies intermittent leave when you need it, claiming that it disrupts business operations.
  • Your employer makes negative comments about you for wanting to take leave.
  • Your employer asks you to work even though you take protected leave.
  • You’re disciplined or otherwise treated unfairly for taking leave.
  • Your job position is unjustifiably changed, or your employer fails to hold your job for you when you take leave.

Take action if your FMLA rights have been violated

If you think that your employer has cheated you out of your rights under the FMLA, then you should take remedial legal action. Doing so may be the only way to protect your job and your financial stability. If you need assistance building your case, then be sure to think about the best way to find the support and help you need.