8 Common FMLA Violations by Employers and How to Protect Your Rights

The Family and Medical Leave Act (FMLA) provides eligible employees with job-protected leave for qualifying family and medical reasons. However, employers don’t always comply with their FMLA obligations, leaving employees vulnerable when they need protection most.

At BT Law Group, our employment law attorneys assist Florida employees whose FMLA rights have been violated. Understanding what constitutes an FMLA violation can help you recognize when your rights are being infringed upon and take appropriate action.

What is the FMLA, and Who Does it Cover?

The FMLA entitles eligible employees to take up to 12 workweeks of unpaid, job-protected leave per 12-month period for specific family and medical reasons. During FMLA leave, employers must maintain employees’ health benefits as if they were still working.

To be eligible for FMLA protection, you must:

• Work for a covered employer (private employers with 50+ employees, public agencies, and schools)
• Have worked for the employer for at least 12 months (not necessarily consecutive)
• Have completed at least 1,250 hours of service during the 12-month period immediately before the leave
• Work at a location where the employer has at least 50 employees within 75 miles

Common FMLA Violations by Employers

1. Denying Valid FMLA Leave Requests

Some employers wrongfully deny legitimate FMLA leave requests despite employees meeting all eligibility requirements. This might happen because the employer doesn’t understand their obligations or is attempting to avoid them.

Example: After providing sufficient medical documentation for a serious health condition, your employer denies your FMLA request, claiming your condition doesn’t qualify, even though it clearly meets the definition under the law.

2. Failing to Provide Required Notices

Employers must notify employees of their FMLA rights and responsibilities. This includes displaying the FMLA poster in the workplace and giving specific notices when an employee requests FMLA leave.

Example: Your employer never informs you of your FMLA eligibility after you request leave for a qualifying reason, causing you to miss out on important protections.

3. Interfering with FMLA Rights

Employers cannot interfere with an employee’s exercise of FMLA rights. This includes, for example, discouraging employees from taking leave, manipulating employment records to avoid FMLA obligations, or using FMLA leave as a negative factor in employment decisions.

Example: Your supervisor hints that taking FMLA leave would be “looked down upon” or suggests you should work from home instead of taking leave for your medical treatment.

4. Retaliating Against Employees for Using FMLA

Retaliation for exercising FMLA rights is prohibited. Employers cannot use an employee’s FMLA leave as a factor in employment decisions such as terminations, promotions, assignments, or discipline.

Example: After returning from FMLA leave, you find yourself reassigned to less desirable shifts, earning less money, or passed over for a promotion you were previously on track to receive.

5. Failing to Reinstate Employees to Same or Equivalent Position

When employees return from FMLA leave, employers are generally required to restore them to their original position or an equivalent one with the same pay, benefits, and working conditions.

Example: You return from leave to find you’ve been demoted to a position with fewer responsibilities, different working hours, or reduced pay or benefits.

6. Counting FMLA Leave as an Absence Under No-Fault Attendance Policies

Employers cannot count FMLA leave under no-fault attendance policies, where employees receive points or demerits for absences regardless of the reason.

Example: Despite your FMLA-protected absence, your employer counts the days against you in their attendance tracking system, bringing you closer to disciplinary action.

7. Requiring More Medical Information Than Allowed

While employers can request medical certification for FMLA leave, they cannot demand more information than what is permitted under the law.

Example: Your employer insists on seeing your complete medical records instead of accepting the standard certification form completed by your doctor.

8. Misclassifying Employees to Avoid FMLA Obligations

Some employers wrongfully classify employees as independent contractors or manipulate employment records to make it appear employees don’t meet FMLA eligibility requirements.

Example: Despite working full-time hours for over a year, your employer claims you haven’t met the 1,250-hour requirement by failing to properly track or acknowledge all your work hours.

What to Do If Your FMLA Rights Have Been Violated

If you believe your employer has violated your FMLA rights, taking prompt action is crucial. Here are the steps you should consider:

1. Consult with an Employment Law Attorney

Before taking any other steps, speak with an experienced employment law attorney. At BT Law Group, our attorneys can:

• Evaluate whether your situation constitutes an FMLA violation
• Advise you on the strength of your case
• Guide you through the process of protecting your rights
• Help you understand what damages you may be entitled to recover

Consulting with an attorney early in the process can help you avoid mistakes that might jeopardize your case.

2. Document Everything

With guidance from your attorney, compile all relevant documentation, including:

• Records of your leave request and communications with your employer
• Medical certifications and documentation
• Employee handbook sections on FMLA policies
• Performance reviews (especially those before and after FMLA leave)
• Witness statements, if applicable
• Any evidence of retaliation or adverse employment actions

Detailed documentation strengthens your case and serves as valuable evidence if you need to file a complaint or lawsuit.

3. Follow Internal Complaint Procedures

Your attorney may advise you to first utilize your company’s internal grievance procedures. This creates a paper trail showing you attempted to resolve the issue and gives your employer an opportunity to correct the violation.

4. Consider Legal Action

You may have the right to file a lawsuit against your employer for FMLA violations. With an FMLA lawsuit, you may be able to recover:

• Lost wages and benefits
• Actual monetary losses due to the violation
• Liquidated (or double) damages
• Job reinstatement or promotion
• Attorney’s fees and costs

Remember that strict time limits apply to FMLA claims—generally, you have two years from the date of the violation to file a lawsuit, or three years for willful violations.

Protect Your FMLA Rights with BT Law Group

FMLA violations can have serious consequences for your career, finances, and well-being. If you believe your employer has violated your FMLA rights, don’t face this challenge alone.

At BT Law Group, our experienced employment law attorneys have a proven track record of helping Florida employees protect their FMLA rights. We understand the intricacies of employment law and will work tirelessly to help you seek the justice you deserve.

Don’t wait until it’s too late to assert your rights. Contact BT Law Group today for a confidential consultation about your potential FMLA violation case. Our attorneys will listen to your concerns, evaluate your situation, and help you understand your legal options moving forward.