Understanding FMLA Violations by Employers

In simple terms, an FMLA violation occurs when an employer violates an eligible employee’s rights under the Family and Medical Leave Act (FMLA). The FMLA was designed to protect employees when they need to take time off work for serious health conditions or family responsibilities. 

FMLA rights include protected leave, continued health insurance, and reinstatement to the same or equivalent job after returning from leave. 

Violations by employers, on the other hand, may include refusing to approve leave or retaliating when an employee returns. Knowing what counts as possible FMLA violations helps workers defend their rights. 

Common Examples of FMLA Violations by Employers 

Not all violations are obvious. Many employees only realize that someone violated their rights after they speak with an employment attorney or file a complaint. Some of the most frequent FMLA violations include: 

• Refusing to authorize leave: If you meet the eligibility criteria, your employer must allow you up to 12 weeks of unpaid leave in a 12-month period for covered reasons. Denying this without justification is a direct violation. 
  
• Demanding excessive notice or paperwork: Employers can ask for reasonable notice and paperwork from a healthcare provider. However, they cannot demand excessive or hard-to-meet requirements. 
  
• Failing to maintain health insurance benefits: During FMLA leave, your employer must maintain group health benefits under the same conditions as if you were still working. 
  
• Not restoring your position: When your leave ends, you have the right to return to the same or an equivalent job. Demoting you, cutting your hours, or moving you to a less desirable role may be considered violations. 
  
• Retaliation or discrimination: Employers may subtly punish workers for taking leave by reducing opportunities for advancement, changing schedules, or creating a hostile work environment. 

How to Recognize Subtle FMLA Retaliation 

Some violations are harder to spot because they happen after you return from leave. Employers may try to disguise retaliation as normal business decisions. Warning signs of FMLA retaliation include: 

• Negative performance reviews that begin only after you took FMLA leave. 
  
• Being excluded from important meetings or training opportunities. 
  
• Sudden changes in job responsibilities that feel like punishment. 
  
• Increased scrutiny or disciplinary write-ups. 

If you notice these patterns, it may indicate your employer is retaliating against you for exercising your FMLA rights. 

Penalties for FMLA Violations 

When employers break the law, they can face significant consequences. The penalties for FMLA violations vary depending on the nature of the violation but may include: 

• Reinstatement: Courts may order the employer to give you your job back or place you in an equivalent position. 
  
• Back pay: You may be entitled to wages, salary, employment benefits, or other compensation you lost as a result of the violation. 
  
• Front pay: If you cannot be reinstated, you may receive payment for the wages you would have earned later. 
  
• Liquidated damages: In some cases, you can recover double the amount of back pay as liquidated damages. 
  
• Attorney’s fees and costs: If you prevail in court, your employer may be required to pay your legal expenses. 

These remedies are intended both to support employees and deter employers from ignoring federal law. 

Steps to Take if You Suspect an FMLA Violation 

If you believe your employer has violated your FMLA rights, consider the following actions: 

• Document everything: Keep records of all communications with your employer, including emails, performance reviews, and leave requests. 
  
• Review company policies: Compare your experience with your employer’s official FMLA procedures. 
  
• Consult an employment attorney: An attorney can evaluate your case, determine if your rights were violated, and help you seek legal remedies. 
  
• File a complaint with the U.S. Department of Labor (DOL): If necessary, your attorney can help you file a complaint with the Wage and Hour Division (WHD) of the U.S. Department of Labor, which investigates FMLA violations. 

Why Legal Guidance Matters 

Employment law is complex, and FMLA cases often involve gray areas. For example, disputes may arise over whether an employee is truly eligible for leave, whether their condition qualifies as “serious,” or whether the employer provided adequate information about the employee’s rights. Because of these complexities, legal representation is often the key to holding employers accountable and securing the compensation employees deserve. 

Understanding FMLA violations by employers is the first step in protecting yourself from unfair treatment. Fortunately, federal law provides strong protections and meaningful penalties for FMLA violations, to ensure employees have options. 

If you suspect your employer has violated your FMLA rights, don’t stay silent. Document your experiences, educate yourself about your protections, and have an experienced employment attorney on your side to safeguard your future. 

Note: The above article does not constitute legal advice.