Family & Medical Leave Violations Michel | Sinor Is Here For You

Birmingham Family & Medical Leave Violations Attorneys

Fighting against FMLA Violations in Birmingham

At Michel | Sinor, our team of compassionate legal professionals understands that major life events like the birth of a child or the death of a loved one require people to take time away from work so they can handle subsequent affairs. While many workers in Alabama are covered by the Family and Medical Leave Act (FMLA) so they can take unpaid time off for things like surgeries, hospitalizations, and recovery from serious illnesses, many employers wrongfully deny FMLA leave for a variety of reasons. When an employer denies qualifying leave, penalizes an employee for requesting it, or retaliates against an employee for using it, that conduct may raise a concern under the FMLA.

Call Michel | Sinor today at (205) 265-1880 or fill out our online form to schedule your free confidential case evaluation with our dedicated family and medical leave violation attorneys in Birmingham.

What Is the Family & Medical Leave Act?

Under the FMLA, employers are required to provide their workers with up to 12 weeks of unpaid, job-protected leave for qualifying events. To be eligible for FMLA leave, you must work at a location where your employer has at least 50 employees within a 75-mile radius of your worksite. Employees must also have worked at least 1,250 hours during the past year and have worked for the employer for at least one year to qualify.

Employers have the right to require employees to use accrued paid leave, sick time, personal time, or vacation time concurrently with FMLA leave, so that paid leave and FMLA leave run at the same time. During that leave, employers are generally required to maintain group health benefits under the same conditions as if the employee had continued working. Employers must also allow employees who use FMLA leave to return to a similar job role as before they left. Job restoration generally means the same or a virtually identical position in terms of pay, benefits, and other working conditions. Although the employer does not have to give the employee the same exact job title, it can’t demote, terminate, or take adverse action against them as a form of retaliation for using FMLA leave.

FMLA interference and FMLA retaliation are two distinct concerns. Interference involves conduct that restrains, discourages, denies, or otherwise obstructs an employee’s exercise of FMLA rights. Retaliation involves adverse treatment because an employee requested, used, or opposed interference with those rights. Either type of conduct may give rise to a legal claim depending on the facts.

Types of Life Events Eligible for FMLA Leave

FMLA leave can be requested for the following life events and medical emergencies:

The birth or adoption of a child
Caring for a spouse, child, or parent who has a serious health condition
To seek care for a serious health condition that is preventing the employee from performing their job responsibilities
The employee has a qualifying need related to a spouse, child, or parent who is in the military and called to covered active duty status

Qualifying reasons may also include prenatal care, childbirth and recovery, and treatment for chronic conditions requiring ongoing care. When a serious health condition involves recurring treatment or flare-ups, intermittent FMLA leave or a reduced-schedule arrangement may be available for medically necessary absences, appointments, or episodes connected to that condition. Military caregiver leave carries separate eligibility and entitlement rules from qualifying-exigency leave and is not interchangeable with it.

Common Types of FMLA Violations

We have more than 50 years of combined experience helping clients fight back against employers who violate the FMLA. Common FMLA violations we handle include:

Wrongful termination because of an illness
Wrongful demotion after an employee has given birth or missed a substantial amount of work
Firing an employee for taking care of a relative, spouse, or child
Loss of wages and employee benefits related to medical or family emergencies
Failing to recognize serious health conditions
Refusing to allow employees to take leave for qualifying conditions
Requiring employees to give too much notice for an FMLA request
Failing to inform employees of their rights and obligations under the FMLA
Discouraging an employee from requesting or using FMLA leave
Counting protected absences under a no-fault attendance policy
Requiring work during a period of protected leave
Failing to designate qualifying time as FMLA leave after learning the absence may qualify
Taking adverse action, such as reduced hours or negative attendance points, after an employee requests or uses intermittent FMLA leave

If your employer refuses qualifying leave under the FMLA, then you might be entitled to file a lawsuit to pursue damages.

Notice, Certification & Documentation in FMLA Claims

Notice and documentation issues can affect whether an employee’s leave is recognized and protected. For foreseeable leave, an employee generally must provide 30 days’ notice when practicable. When 30 days is not practicable or the need is unforeseeable, notice is generally required as soon as practicable. Employees generally must provide enough information for the employer to understand that the leave may be for an FMLA-qualifying reason, but they don’t need to invoke the FMLA by name.

Employers also carry notice obligations. Once an employer learns that a leave request may qualify, it is generally required to provide an eligibility notice within five business days and a designation notice once sufficient information is available. An employer may request medical certification in appropriate circumstances, but certification requests and leave decisions must follow the FMLA’s applicable procedures. If either side’s notice or certification obligations weren’t met, that fact can be relevant to evaluating an FMLA concern.

Relevant records worth preserving may include leave requests, medical-certification communications, employer eligibility and designation notices, attendance records, disciplinary notices, pay records, benefit records, and any messages concerning the leave.

Potential Relief for FMLA Violations

Depending on the facts and available claim, potential remedies for an FMLA violation may include lost wages and benefits, other direct monetary losses, liquidated damages, reinstatement, or other equitable relief. The strength and timing of a claim depend on specific facts, including coverage, eligibility, notice, medical certification, the employer’s stated reason for its action, and the relationship between any protected activity and the adverse action taken. We can help you assess those facts during a free confidential case evaluation.

Call Us Today

Do you have more questions about requesting leave under the FMLA? Then please reach out to Michel | Sinor in Birmingham so we can discuss your situation and help you identify potential options. We are committed to helping clients of all backgrounds seek justice for their mistreatment, and we can vigorously fight to protect your best interests throughout the legal process.

Give us a call at (205) 265-1880 or contact our firm online to request your free confidential case evaluation with our FMLA violations attorneys.

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