Individual Rights and Protections Under the Family and Medical Leave Act Explained

The Family and Medical Leave Act (FMLA) protects employees when they need time off for family or medical reasons. It ensures job security while you’re on leave and protects your health insurance coverage.

But did you know that the FMLA also has provisions to protect you from, among other things, retaliation? Read on to learn more.

What is the FMLA?

The Family and Medical Leave Act (FMLA) provides eligible employees with the right to take unpaid, job-protected leave for specified family or medical reasons. While you’re on leave, your health insurance coverage continues just as if you were still working. This time off can be used to care for a seriously ill family member, recover from your own health condition, or bond with a new child.

Protection Against Retaliation

The FMLA not only gives you the right to take leave, it also protects you from retaliation for using that right. Your employer cannot fire, demote, reduce your hours, or otherwise punish you just because you requested or took FMLA leave.

While the law provides several important safeguards, here are some of the most common protections you should be aware of.

What Employers Can’t Do Under the FMLA

Under federal law, your employer is prohibited from interfering with your FMLA rights or retaliating against you for using them. Specifically, they cannot:

• Prevent you from taking FMLA leave if you're eligible
• Retaliate by cutting your hours, assigning undesirable tasks, or terminating your position
• Discriminate against you for speaking out about FMLA violations
• Punish you for testifying or participating in an FMLA-related investigation or legal proceeding

If your employer violates these protections, you may be entitled to take legal action to recover damages and hold them accountable.

What Retaliation Might Look Like

Retaliation isn’t always obvious, and many workers don’t realize that what they’re experiencing may be illegal under the FMLA. Here are some common examples of unlawful retaliation:

• Denying your FMLA request, even though you meet all eligibility requirements
• Pressuring you not to take leave or making you feel guilty for needing time off
• Changing your work schedule to sidestep FMLA requirements
• Using your FMLA leave against you in performance reviews, promotions, or disciplinary actions
• Penalizing you under a “no-fault” attendance policy for time off protected by the FMLA

Who is Covered by the FMLA?

The FMLA applies to most public agencies, including local, state, and federal employers, as well as public and private schools. It also covers private-sector employers with 50 or more employees within a 20-week period during the current or previous calendar year.

How FMLA Is Enforced

The Wage and Hour Division of the U.S. Department of Labor (DOL) is responsible for enforcing the FMLA. If you believe your rights have been violated, you can file a complaint with them. In certain cases, the DOL may pursue legal action against your employer. You also have the right to take private legal action to recover lost wages, job reinstatement, or other damages.

Don’t Wait: There Are Time Limits

If your employer violated the FMLA, you typically have two years from the date of the violation to take legal action. This is known as the statute of limitations. Missing this deadline could prevent you from holding your employer accountable, so it’s important to act quickly.

Contact Morgan and Morgan

If you believe your rights under the FMLA have been violated, the army of employment lawyers at Morgan & Morgan may be able to fight for you. Get started today with a no-cost, no-obligation case evaluation.

This information is based on fact sheets that the DOL provides.