What Are Your Rights as an Employee Under FMLA?

What Are Your Rights as an Employee Under FMLA?

Understanding your rights under the Family and Medical Leave Act (FMLA) is essential for protecting your job and health benefits during critical times. Whether you’re welcoming a new child, caring for a loved one with a serious condition or dealing with your own health challenges, FMLA is a federal law designed to provide job-protected leave. Unfortunately, some employees encounter resistance, misinformation or outright denials when they attempt to exercise these rights. If this happens to you, seeking legal guidance is critical to ensuring your rights are respected.

The Law Offices of Jeannette A. Vaccaro PC is committed to helping employees understand and assert their workplace protections. Below, we provide an overview of your rights under FMLA and next steps if you believe your employer has violated the law.

What Is FMLA, and Who Is Eligible?

The Family and Medical Leave Act is a federal law that permits eligible employees up to 12 weeks of unpaid, job-protected leave during a 12-month period for certain family and medical reasons. Some employees caring for a covered servicemember may be eligible for up to 26 weeks during a single year.

To qualify for FMLA leave, you must meet these requirements:

• Work for a covered employer (usually private-sector employers with more than 50 employees).
• Have been employed for at least 12 months.
• Have completed at least 1,250 work hours over the past 12 months.  
• Must be employed at a location with at least 50 employees within a 75-mile radius.

Reasons for Leave Under FMLA

FMLA leave covers a variety of life events, including:

• Birth, adoption or foster care placement of a child.
• Caring for a spouse, child or parent with a serious medical condition.
• Managing your own health condition that makes you unable to work.
• Certain qualifying exigencies due to a family member’s military service.
• Caring for a military family member recovering from a serious injury or illness.

You may use this leave as a single block of time or intermittently, such as reducing your weekly work schedule, if necessary.

Employee Protections During FMLA Leave

FMLA provides three significant protections to employees:

1. Job Security – Employers must restore you to the same or an equivalent position when your leave ends, including the same pay, benefits, and working conditions.
2. Health Insurance Continuation – Your group health insurance must remain active under the same terms as if you were working.
3. Freedom from Retaliation – Employers cannot punish or retaliate against you for requesting or using your entitled FMLA leave. This includes demotion, harassment or termination.

Steps to Take if You Face FMLA Challenges

If you believe your employer has wrongfully denied FMLA leave, acted in retaliation or failed to meet their obligations under the law:

1. Document Everything – Keep a record of your leave request, correspondence with your employer and any retaliatory actions.
2. Review Your Rights – Familiarize yourself with FMLA provisions using credible resources or legal assistance.
3. File a Complaint – You may file a complaint with the U.S. Department of Labor’s Wage and Hour Division.
4. Consult an Attorney – Legal counsel can provide an in-depth case evaluation and help you pursue a private lawsuit if needed.

Contact Us to Fight for Your Rights

The Law Offices of Jeannette A. Vaccaro PC advocates for employees encountering workplace injustices, including violations of family medical leave rights. If you believe your employer has denied you the protections of FMLA, contact us today.