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Common FMLA violations may violate your employee rights

On Behalf of | Sep 15, 2022 | Employment Law |

Under the Family and Medical Leave Act (FMLA), many North Carolina employees have the right to take leave to handle certain situations in their personal lives. Eligible employees may take up to 12 weeks of unpaid leave for any of the following reasons:

  • Birth of a child
  • Adoption/fostering of a child
  • Serious health condition
  • Providing care to a family member with a serious medical condition
  • Qualifying exigencies relating to certain relatives on covered activity

Notice violations

Employers are legally required to notify employees of their right to FMLA leave, while employees are legally required to notify employers of their need for FMLA leave. Employers may violate the FMLA by:

  • Requiring excessive amount of notice (30-day notice is generally considered reasonable if the reason for leave was foreseeable)
  • Failing to be flexible when an emergency arises

Denial or interference

It can be hard for an employer to lose a valuable employee for an extended period. However, employers do not have the right to deny that leave or punish an employee for taking the leave they are entitled to. Employers may violate an employee’s rights under the FMLA by:

  • Requiring an employee to work while on leave
  • Requesting an employee delay necessary medical treatment
  • Denying an employee’s request
  • Demoting an employee, failing to grant promotion, or terminating an employee for taking leave

Preventing intermittent leave

You are not legally required to take your leave all at once. You are permitted to shorten your workdays or take a few days off at a time if needed. Your FMLA rights may be violated if your employer does not allow you do this, or gives you an unreasonable amount of work to complete while you are on the job.

If your employer violates your FMLA rights, they may negatively impact your career as well as your mental and physical health. An employment law attorney can review your case and help make sure your rights are protected.