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A Quick Guide on FMLA Discrimination in the Workplace

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The Family and Medical Leave Act (FMLA) provides job protection for eligible employees by allowing up to 12 weeks of unpaid and job-protected time off from work. FMLA could be used for a number of reasons, but some of the most common uses are for new moms to take care of their newborn babies, for those who need to seek medical care or recover from a serious medical condition, or to provide care for a chronically ill family member. 

Before the FMLA was instituted in the workplace, women would often lose their jobs due to the fact of needing ample time off when they had a child. Some women were seen rushing back to work too soon after childbirth and seriously compromising their health just to secure income. Every year from 1984 to 1993, the FMLA was introduced to Congress until the act was passed [in 1993].

And although we have come a long way promoting the stability and economic security of workers in the U.S. with the FMLA, our employment and severance agreement lawyers serving New Jersey and Philadelphia still receive many complaints about employers violating their workers’ rights under the FMLA.

Possible FMLA Discrimination Situations

The requirements of FMLA are not understood by every employer. Some employers do understand their obligations under the FMLA, but violate their employees’ rights anyway.  Here are some common situations that may violate an employee’s rights under the FMLA:

Failure to Recognize an Employee’s Eligibility: There are a number of reasons an employee can take a covered leave under the FMLA. These reasons include birth, adoption or foster of a child, to take care of an employee’s own serious health condition, to take care of a qualifying family member’s serious health condition, a need due to a family member’s military deployment, and a family member’s serious injury resulting from military service. But, some employers do not allow eligible employees to take time off even though the FMLA expressly provides this right.

Or, employers may fail to recognize that an employee’s condition is a serious health condition.

Leave Management Issues: It is also against the law to retaliate against an employee by discipline, punishment, or termination for exercising protected leave under the FMLA.While an employee is out on the FMLA, the employer must continue health insurance and must not pressure the employee to return to work before the leave is done.

Reinstatement: Upon return from FMLA, employees must be reinstated to their same or an equal position. This means duties must be the same, pay must be the same, the schedule must be the same, and so on. If an employer reinstates the employee to a lesser position, postpones reinstatement, or fails to restore benefits, it may be time to file a claim.

Contact An Employment Attorney Today

If you believe that your rights have been violated under The Family and Medical Leave Act law, contact the employment and severance agreement attorneys of Philadelphia, the Law Firm of Morgan Rooks PC, today.