How an Employment Lawyer Can Help with Family and Medical Leave Act (FMLA) Violations

The Family and Medical Leave Act (FMLA) provides important protections for employees who need time off to care for their health or a family member’s health. Under this federal law, eligible employees are entitled to take up to 12 weeks of unpaid leave each year for specific medical and family reasons, without fear of losing their job or facing retaliation. However, not all employers comply with FMLA regulations, and many employees experience violations of their rights under this law. If you are facing FMLA violations at your workplace, consulting an experienced employment lawyer is crucial to ensure your rights are protected and to take legal action if necessary.

What is the Family and Medical Leave Act (FMLA)?

The FMLA, enacted in 1993, is a federal law that provides job protection for employees who need to take unpaid leave for certain family or medical reasons. The FMLA applies to employers with 50 or more employees, and eligible employees are entitled to take up to 12 weeks of leave per year for any of the following reasons:

• Personal Health Conditions: Employees can take time off to recover from their own serious health condition that makes them unable to perform their job duties.
• Family Care: Employees can take leave to care for a spouse, child, or parent who has a serious health condition.
• Birth or Adoption: Employees can take leave to bond with a newborn child or a newly adopted child.
• Military Family Leave: Employees can take leave to care for a family member who is a covered service member with a serious injury or illness.

While on FMLA leave, your employer is required to continue your health benefits and allow you to return to your same or an equivalent job once you return. However, many employers fail to comply with the FMLA, either by denying leave, retaliating against employees, or refusing to reinstate workers after their leave. This is where an employment lawyer can assist you.

Common FMLA Violations

While the FMLA provides significant protections, violations of these rights still occur. Common FMLA violations include:

• Wrongful Denial of FMLA Leave: Employers may incorrectly claim that an employee is ineligible for FMLA leave, even when they meet the criteria for eligibility. This can result in a wrongful denial of leave.
• Failure to Reinstate Employees: Employers are required to reinstate employees to their original position or an equivalent position once they return from FMLA leave. Failure to do so is a violation of the law.
• Retaliation: Employers may retaliate against employees for taking FMLA leave by terminating, demoting, or otherwise punishing them for exercising their legal rights.
• Failure to Maintain Health Benefits: While on FMLA leave, employees are entitled to the continuation of their health insurance benefits. Employers may violate the law by discontinuing benefits during an employee’s FMLA leave.
• Inaccurate Leave Calculation: Employers may incorrectly calculate FMLA leave, or inaccurately track when the leave begins or ends, leading to an unlawful denial of leave or job reinstatement.

If you experience any of these violations, it is important to take action quickly to protect your rights under the FMLA.

How an Employment Lawyer Can Help with FMLA Violations

If you believe your FMLA rights have been violated, consulting with an employment lawyer is crucial. Here’s how a lawyer can assist you:

• Evaluate Your Case: A lawyer will assess your situation to determine whether your employer’s actions constitute a violation of the FMLA. They will look at factors such as your eligibility for leave, the reasons for denial, and the employer’s actions.
• Help You Understand Your Rights: An employment lawyer will explain your rights under the FMLA and help you understand whether your employer is complying with the law. They will also inform you of any steps you can take to remedy the situation.
• Negotiate a Resolution: If you are facing FMLA violations, your lawyer will attempt to resolve the issue through negotiation or settlement. They will engage with your employer or their legal team to seek a fair resolution without resorting to litigation.
• File a Complaint: If negotiations do not resolve the issue, your lawyer can help you file a formal complaint with the U.S. Department of Labor (DOL) or the New Jersey Department of Labor and Workforce Development (DOLWD). These agencies will investigate the violation and determine whether your rights have been violated.
• Represent You in Court: If necessary, your lawyer will represent you in court. They will file a lawsuit on your behalf, gather evidence, and fight for your reinstatement, lost wages, and other damages caused by the violation.

An experienced employment lawyer can guide you through the FMLA process and help you recover the compensation you deserve if your rights have been violated.

Why FMLA Violations Are Serious

FMLA violations are not only a breach of federal and state law, but they also have serious consequences for employees. Denying or interfering with an employee’s FMLA rights can lead to significant emotional and financial distress, particularly if an employee’s health is compromised or they are unable to care for a loved one. Moreover, retaliation for taking FMLA leave can damage an employee’s career and future job prospects. That’s why it’s critical to work with an employment lawyer who is committed to ensuring that your rights are upheld.

Why Choose Castronovo & McKinney?

Castronovo & McKinney, LLC is an experienced employment law firm that has successfully represented clients in FMLA cases throughout New Jersey. Our team of dedicated attorneys has a proven track record of winning cases involving FMLA violations, discrimination, retaliation, and other workplace injustices.

We understand the complexities of FMLA law and are committed to fighting for employees who have been wrongfully denied leave or retaliated against for asserting their rights. If you are facing an FMLA violation, our firm is here to help you take action and achieve the justice you deserve.

Take Action to Protect Your FMLA Rights

If you believe your FMLA rights have been violated, it’s important to take immediate action to protect yourself. The sooner you consult with an experienced employment lawyer, the better your chances of resolving the issue and securing the compensation you deserve. Contact Castronovo & McKinney, Employment Law Attorneys today to discuss your case and learn more about how we can help.