Worker protections under FMLA

Under the Family Medical Leave Act, qualified employees in Wisconsin may take unpaid leave in certain situations. Employers are not allowed to take any action that may abridge, deny or otherwise make it not possible for an employee to take leave if they are eligible to do so. Furthermore, employers are not allowed to take any type of retaliatory action against any employee who exercises his or her rights under the act.

Federal law dictates who is and who is not an eligible employee under the FMLA. If an employer has more than 50 employees, an employee may be eligible for protection under FMLA. Additionally, that employee must have worked at the company for 20 workweeks during the current or proceeding calendar year. Employers may be federal agencies or they may be in the private sector.

If a violation of the FMLA occurs, the U.S. Department of Labor may take action to compel compliance. The Wage and Hour Division investigates initial complaints on behalf of private and most government employees. Employees may also take action against their employer in civil court if a violation occurs. However, any civil action must take place no more than two years after the date of the alleged violation. Some exceptions to the rule may apply.

Employers must respect the rights of workers eligible for leave under the Federal Medical Leave Act. If they do not, they could face civil or other penalties. Employees who feel as if their rights under the FMLA have been violated may wish to talk to an employment law attorney. An attorney may make it possible to win compensation in court.

Source: U. S. Department of Labor, “Protection for Individuals Under the FMLA“, November 16, 2014


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