The Family and Medical Leave Act provides important protections for you as an employee in New York and throughout the United States. It grants eligible employees the right to take unpaid leave for specific medical and family-related reasons while ensuring job protection.
However, there are some ways that employers may fail to uphold their obligations under the FMLA, potentially violating employees’ rights.
Denial of FMLA leave
One of the most blatant signs of FMLA rights violation is when your employer denies your request for FMLA leave without valid reasons. If you meet the eligibility criteria and provide the required documentation supporting your need for leave, your employer should grant your request.
Retaliation or negative consequences
Another indication of FMLA rights violation is if you face retaliation or negative consequences after requesting or taking FMLA leave. Retaliation can take the form of demotion, termination, reduction in hours or benefits, or negative performance evaluations.
Interference with FMLA rights
Employers may also violate FMLA rights by interfering with the exercise of those rights. Interference can include discouraging employees from taking leave, creating obstacles to obtaining leave or failing to provide the necessary information and paperwork for leave requests.
Failure to restore job position
Under the FMLA, eligible employees have the right to reinstatement to the same or an equivalent job position, with comparable pay, benefits, terms and conditions, upon returning from leave. If your employer refuses this, it may constitute a violation of your rights.
Inadequate FMLA notice and information
Employers have an obligation to provide employees with adequate notice of their FMLA rights and responsibilities. If your employer fails to inform you about your rights, neglects to provide the necessary FMLA paperwork or does not offer the required information about your rights and obligations under the FMLA, it may indicate a violation of your rights.
