Twenty-five years have gone by since the Family and Medical Leave Act of 1993 (FMLA) was pushed through Congress and then signed into law by President Bill Clinton. The landmark legislation protects the jobs of workers who need leave to tend to medical problems or to care for a family member.
Though the FMLA has been law for a quarter of a century, there are still Milwaukee employers who try to deny eligible workers its benefits. Sometimes an improper denial is due to a misinterpretation of FMLA, but far too often it is a deliberate attempt to circumvent the law.
Let's take a look at some of the most common flawed denials of FMLA coverage, starting with the most obvious: denying coverage to an eligible employee.
Sometimes business owners or managers think FMLA only covers catastrophic medical conditions, when in fact, its benefits apply to any illness or injury that requires an overnight stay in a hospital or other medical facility or ongoing treatment.
Failing to provide proper notification
Employers must display an FMLA poster telling workers of the law's benefits and their rights, but must also supply that information to any employee who requests FMLA leave. There are a series of deadlines that accompany notification regulations, and failure to meet and observe those time limits can also result in an improper denial of a worker's right to leave.
Demanding work from a worker on leave
Some employers fail to understand "leave," and they ask an employee to keep performing certain job duties or tasks though they have been granted FMLA leave. This FMLA violation is closely related to another common infraction: employers who pressure employees to return to their jobs early. That pressure often puts a worker's health or family member at risk.
Perhaps the most glaring abuse of FMLA takes place when an employer fires someone for asking for leave or when that person returns from leave.
In many situations, workers must fight to protect their workplace rights. If your FMLA benefits were improperly denied, contact an employment law attorney with a history of protecting rights, careers and families.