What might an FMLA violation look like?

Employees are protected by several state and federal employment laws. These laws protect everything from workplace conduct and hiring practices to wages and hours. While you may know about and understand these laws in theory, potential violations can be much more difficult to identify when you are actually experiencing them.

For instance, you may understand that you are eligible for job-protected leave in accordance with the Family and Medical Leave Act. However, you might not know what a specific violation of these laws look like. Below is a list of some unfortunately common scenarios involving FMLA violations to help you get a better understanding of your rights.

  • Firing, demoting, transferring, or taking any adverse action against a worker for taking or requesting leave
  • Claiming that a worker’s illness or injury is fake
  • Denying a worker’s request based on the belief that a condition is minor, even though the employee’s absences extended over three consecutive days and required multiple doctor’s visits
  • Disclosing a worker’s confidential and protected medical information to other parties
  • Firing a worker for failing to give notice of a leave if the leave was unforeseeable
  • Failing to notify worker’s of their rights and protections under FMLA

These are all examples of FMLA violations. Understand, though, that this is not an exhaustive list; there are several ways employers violate FMLA laws, purposefully or not. Should you have questions about specific situations and violations, then it would be wise to consult an attorney.

It is important to note here that there are defenses to certain actions, and employers will often go to great lengths to defend their actions and avoid costly legal penalties. Additionally, employees may make costly missteps that make them ineligible for leave and unprotected. In other words, every case has the potential to become confusing 

In order to avoid mistakes and to ensure your voice is heard in a case involving FMLA violations, it can be crucial to speak with an attorney about your claim and the legal options you have to protect your rights.

super lawyers
New York County Lawyers Association
New York City Bar
NELA Advocates for Employee Rights National Employment Lawyers Association
lead counsel lc verified