FAMILY AND MEDICAL
LEAVE ACT
The Family and Medical Leave Act (FMLA) is a federal law that mandates employers to provide eligible employees with up to 12 weeks of unpaid leave per year for specific medical conditions or to care for family members with medical issues. Military personnel and their families may be entitled to up to 26 weeks of leave. This law ensures job protection during the leave period, regardless of the company’s paid or unpaid time off policy. Once an employer is informed of an employee's need for leave, they must follow a notice procedure outlined by the Department of Labor. However, even with proper compliance, various circumstances can still lead to an FMLA lawsuit.
1
Who Is Covered?
To determine if an employee is eligible for FMLA leave, an employer must first establish if it is covered by the law and then if the employee meets the criteria. Employers with 50 or more employees for at least 20 workweeks in the past year are covered by FMLA. For an employee to qualify, they must have worked for the employer for at least 12 months, completed at least 1,250 hours of service in the past 12 months, and work at a location with at least 50 employees within a 75-mile radius.
This means some covered employers may have no employees eligible for FMLA leave. Additionally, an employer might have certain facilities where employees are covered by FMLA and others where it does not apply, posing challenges in creating fair leave policies that comply with the law.
2
Common FMLA Claims
There are two main types of FMLA claims: interference and retaliation. Interference occurs when employers prevent, restrict, or deny employees from exercising their FMLA rights. This can include actions like denying leave requests or discouraging employees from taking leave, even subtly suggesting that taking leave could “be a problem.”
Retaliation claims arise when an employee seeks FMLA leave and then faces adverse employment actions, such as termination, demotion, salary reduction, or being overlooked for a promotion. Some courts have ruled that even employees not covered by the FMLA can raise retaliation claims if they attempt to exercise FMLA rights.
In an employment discrimination class or collective action, plaintiffs allege the employer discriminated against a group based on a protected characteristic. Litigating these cases is complex, requiring knowledge of procedural and substantive elements. Each case is unique, so strategies must be tailored to specifics, but understanding common issues can better prepare you to handle these claims.
3
FMLA Compliance Within a Company
All covered employers should be familiar with the FMLA and ensure their staff is educated on it, especially front-line managers who handle day-to-day issues. Managers may encounter FMLA situations without realizing it. Employees do not need to explicitly mention “FMLA” or request leave for medical reasons; simply being aware of a medical issue can trigger FMLA protections. Once notified, employers must follow the law's requirements, which include informing the employee of their FMLA rights and ensuring any leave granted complies with legal standards. Proper handling of these steps is crucial to avoid potential lawsuits.
4
FMLA Leave Limits and ADA Overlap
Under the FMLA, a covered employee is entitled to 12 weeks of unpaid leave per year, or 26 weeks in specific cases involving military servicemembers. Once this leave is exhausted, the employee is not entitled to additional FMLA leave within the same 12-month period. However, some medical conditions that qualify for FMLA leave may also be considered disabilities under the ADA. This means that even after FMLA leave is used up, the employee might still be entitled to reasonable accommodations under the ADA, making the situation more complex than just counting the number of weeks.
