Imagine requesting FMLA leave for your own illness or a family emergency, only to face delays, denials, or confusing demands from your employer. That’s FMLA interference, an illegal obstacle to the leave you have every right to take. Understanding how interference works and what counts as proof can save you from unnecessary stress and protect your job. We’ll outline exactly what interference looks like and how to respond effectively.
The FMLA was enacted with public policy in mind. People should be able to care for themselves and their families without worrying about losing their employment. The FMLA provides the protection that workers need to feel confident in prioritizing their own health and family.
Eligible employees can take up to 12 weeks of unpaid leave in a calendar year. Leave can be taken so that employees can care for their own or their immediate family member’s serious health issues. During their leave, their employer must protect the position. They cannot replace the employee or eliminate the position.
Not all employees are eligible. An employee must meet the FMLA’s time and hour requirements. Not all employers are required to comply. They also must meet certain requirements. Generally, public sector employers must comply. Private companies generally must comply if they have a minimum of 50 employees within 75 miles. However, the regulations do have exceptions, so it’s best to speak with an employment lawyer to ensure an employer is subject to the FMLA.
When an employer makes it harder for you to take FMLA leave, it can be considered FMLA interference. The employer could issue an explicit denial, making the interference obvious. However, more subtle interference could be a manager discouraging employees from taking leave, human resources requiring a confusing paperwork process, or the company delaying time-off approvals. An employer cannot interfere with leave requests or even inquiries about leave rights.
Employees often experience FMLA interference without realizing it. A company could routinely deny leave requests without explanation. It could unreasonably delay its response to leave requests without explanation.
The company culture could support and encourage supervisors to actively discourage leave. They could imply that requesting or taking leave could lead to negative consequences. There could be different, more stringent requirements for employees to qualify for leave. Alternatively, the company could alter an employee's status or hours to render them ineligible for FMLA leave. Simply not providing employees with information can be viewed as interference. A company is responsible for providing its employees with information and notices about their FMLA rights. These actions interfere with your legal rights and can form the basis of an FMLA claim.
To prove an FMLA interference claim, an employee must show that the employer discouraged leave or misrepresented policies when the employee was eligible for FMLA leave. Proving this is multi-step. First, the employee must show they are eligible for coverage. Then, they must show that the employer must comply with FMLA regulations.
After the employee properly proves that the FMLA applies, they need to prove they provided proper notice and are entitled to take leave. Finally, they must show that the employer denied or interfered with the employee’s FMLA rights or benefits. To be able to recover damages, an employee needs to show they experienced harm as a result of the FMLA interference. This could be monetary, such as lost wages. It could also be non-monetary, such as denied time off or negative performance reviews. In Ohio, FMLA interference doesn’t have to be explicit. Denial can be inferred through the employer’s actions.
Once an employee establishes their case, the employer has the right to respond. It’s common for employers to offer reasons for denying the employee's time-off requests. Some defenses, such as the employer's “honest belief,” may not be accepted by the court as a valid defense. However, every case is different. Working with an employment attorney can help an employee prepare for the employer’s potential defenses. That way, they can have a relevant response ready.
When you suspect FMLA interference, documentation is your best friend. Keep detailed and accurate records of all dates, communications, and employer notices. Obtain a copy of the company’s FMLA policy.
Speaking with an employment attorney can help you analyze your situation and determine if you have a claim. A lawyer can help you gather and organize your evidence and file a formal complaint. With their guidance, you can explore different options for your claim, such as filing with the U.S. Department of Labor’s Wage and Hour Division or pursuing a private lawsuit. Successful claims have the possibility of securing employment reinstatement, back pay, front pay, or liquidated damages. It may also be possible to recover attorney’s fees and court costs.
An employer’s actions could be outright denial or subtle discouragement. Both actions are FMLA interference and undermine your ability to care for your loved ones. When you understand your legal rights and protections, you can take steps to enforce those rights and protections. Our experienced attorneys are dedicated to helping employees assert their rights and hold employers accountable. Contact us today to discuss your options and ensure your leave is fully protected.
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