employer are entitled to take unpaid, job-protected leaves under the Family and Medical Leave Act (FMLA) for certain family and medical needs.
A qualified worker can take up to 12 weeks of unpaid leave under the FMLA.
The FMLA mandates that companies maintain an employee’s health insurance coverage while on leave. Aside from that, must allow workers to return to work without hindrances.
Employers who take steps to restrict an employee’s ability to exercise their FMLA rights or retaliate against an employee for doing so violate the FMLA.
Retaliation can take many forms, such as dismissal, demotion, altered working circumstances, and treatment in contrast to other employees.
Further, employers may not discriminate against employees participating in FMLA investigations or exercising their rights.
Unfortunately, FLMA infractions are more common than they should be, and many workers discover that their employers make it difficult for them to take the leave to which they are entitled under the FMLA or to return to work after taking that leave.
Consult a knowledgeable Connecticut employment lawyer to proceed with your case.
Employer violations of the FMLA: Specific examples
Your Employer Requests That You Provide An Excessive Amount Of Notice.
The FMLA stipulates that you must give your employer 30 days’ notice if you need to take time off for a predictable reason.
Your Employer Did Not Acknowledge Your Request
When obtaining FMLA leave, you are not required to use the term “FMLA.” An employer should be able to assess your request and determine the appropriate category for your absence based on the specifics.
Your Employer Rejects Or Waits On Your Request
Your employer can ask you to plan your FMLA absence so that it doesn’t interfere too much with your work.
The Employer Mandates That You Work While On Vacation
When you are on FMLA leave, your employes should not require you to work from home or make yourself available.
You have trouble doing as you should when there are emergencies. Due to this, when workers on leave are fired for “performance difficulties,” juries frequently rule that the company violated the FMLA.
Your Employer Retreats Or Disciplines You For Taking FMLA Leave
If you use your FMLA leave, you cannot be dismissed. However, your company can try to penalize you for missing work.
Your employer may verbally abuse you after you return from leave and claim that your holiday will affect your promotion prospects.