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How Can Employees Overcome FMLA Challenges?

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How Can Employees Overcome FMLA Challenges?

The Family and Medical Leave Act (FMLA) of 1993 is a vital federal law that supports American workers by entitling them to unpaid, job-protected leave for certain family and medical reasons. Despite its clear intentions to provide up to 12 weeks of unpaid leave per year without jeopardizing job security, employees often face significant challenges in exercising their FMLA rights. These hurdles can range from employers refusing FMLA leave to being asked to work during such leave. Navigating these challenges often necessitates the guidance and representation of a knowledgeable attorney. The Law Office of Jeannette A. Vaccaro is committed to helping you overcome challenges in receiving your entitled FMLA leave. 

Understanding FMLA Leave

FMLA leave is designed to aid employees in balancing work and health or family responsibilities by allowing them to take reasonable unpaid leave for specific reasons. These include personal or family illness, birth or adoption and care for a sick family member. However, despite its benefits, employees seeking FMLA leave may encounter obstacles that undermine their rights.

Overcoming FMLA Challenges with Legal Assistance

Employer Refuses to Provide FMLA Leave

One prevalent challenge is when employers deny FMLA leave requests. This denial can occur due to the employer’s lack of understanding of FMLA requirements or, in some cases, an intentional disregard for the law. Employees might find themselves facing inappropriate denial reasons or denial of intermittent leave, justified by claims of operational disruption.

An experienced attorney can assist in these situations by ensuring that employees’ rights are recognized and upheld. A skilled legal advocate can help in communicating effectively with employers, clarifying the legal obligations under FMLA, and, if necessary, pursuing legal action to enforce these rights.

FMLA Rights Were Violated

Another challenge arises when employees’ FMLA rights are interfered with or outright violated. Examples include employers discouraging the use of FMLA leave, creating a hostile environment for those who elect to take it, or penalizing employees in subtle or overt ways.

With the support of a skilled attorney, employees can confront these violations head-on. A lawyer with a background in employment law can offer advice on how to document infringements and can negotiate with employers on behalf of the employee. 

Employee Is Asked to Work During FMLA Leave

Perhaps one of the most insidious challenges is being asked to work while on FMLA leave. This situation can manifest through requests to complete work-related tasks, attend meetings or engage in any activity that contradicts the very purpose of the leave.

In these circumstances, legal intervention is crucial. An attorney can clarify the boundaries of FMLA leave to both the employer and employee, ensuring that the leave serves its intended purpose of allowing the employee to tend to personal or family health issues without the added stress of work obligations.

Contact an Attorney to Review Your Case

FMLA is meant to protect employees during tough times, but getting these rights isn’t always easy. Challenges with FMLA leave can be overwhelming and usually need more than just understanding the law. Having a dedicated attorney is crucial in these cases.

The Law Office of Jeannette A. Vaccaro is here to help employees navigate these FMLA challenges. Our attorney’s deep knowledge of employment law and commitment to employee rights make her a strong partner in ensuring your FMLA rights are protected. If you’re struggling with FMLA leave, reach out today for a consultation.

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Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.

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