June 13, 2023

What Is a Violation of the Family and Medical Leave Act?

What Is a Violation of the Family and Medical Leave Act?

An injury, welcoming a new baby into your family, or a family emergency, such as a medical emergency or death, are a few reasons that might keep you from working. During these situations, you may need to take a leave of absence from work to care for yourself or those you love.

If you are concerned about whether you will be able to keep your job, you can use the Family and Medical Leave Act (FMLA) during this time. The FMLA protects employees' jobs and benefits when they need to take medical leave or care for a family member with a serious health condition.

Who is Eligible to Receive FMLA?

The Family and Medical Leave Act (FMLA) of 1993 is a labor statute requiring covered employers to provide workers with unpaid, job-protected leave for qualifying employees. This means that not all employees are eligible for this protection.

To qualify for FMLA, you must meet the following criteria:

  • Work in a setting where the employer has more than 50 employees if they are in the private sector.
  • You must have worked for a minimum of 1,250 hours in the last 12 months.
  • You must have worked for your current employer for at least one year.
  • You are taking leave due to a medical issue or the birth of a child. 

Common FMLA Violations

FMLA violations occur when an employer fails to comply with the terms of the Family And Medical Leave Act. Examples of these violations include:

  • Refusing or Delaying a Valid FMLA Request: Refusing or denying a request for leave from an eligible employee constitutes an FMLA violation. Of course, the FMLA can only be used in some situations, but you shouldn't have a valid request denied if you meet the qualification criteria. It is crucial that employers understand what makes a worker qualify for an FMLA leave to avoid unnecessary confusion, but there are understandable circumstances where an employee's leave request can be delayed. However, if you meet all the FMLA requirements and your employer delays or denies your request, that might also be considered a violation.
  • Employer Requested Too Much Notice: The law requires employees to request time off at least 30 days in advance before taking a leave. However, this is not always possible, especially during an emergency. So you can still be granted time off work if the time frame is not workable.

Requesting more time than the law requires or denying an FMLA request during an emergency can be considered an FMLA violation.

Contact Our New York Employment Attorneys

You should not face any retaliation from your employer if you qualify for the protections provided by the FMLA. Additionally, you might be entitled to legal recourse if your employer violates your FMLA rights. Our New York employment attorneys are here to walk you through the legal process.

To learn more and schedule a consultation with our attorneys, call Mizrahi Kroub LLP at (212) 595-6200.

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