According to the Department of Labor, The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 workweeks of unpaid leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave. Employees are also entitled to return to their same or an equivalent job at the end of their FMLA leave. Even though some employees may be justified in requesting leave, the process doesn’t always go smoothly. When that happens, the employee may choose to bring a law suit against the employer for denying and otherwise punishing them for the leave.

There are two primary causes of action under the Family Medical Leave Act of 1993. The first is interference, which happens when an employer interferes with an employee taking or attempting to take a FMLA leave.

The second is retaliation, which happens when an employer fires or discriminates against an employee who took FMLA leave.

Under the current regulations, an employer may deny a bonus for an employee on FMLA that is based on achieving a goal like hours worked, products sold or perfect attendance as long as it routinely treats all employees taking FMLA leave the same as those not on FMLA leave.

It is important to remember under FMLA, an employee must grant you UNPAID time off, but is not required to grant you paid time off. If you have accrued paid time off, you may be to use that during your FMLA leave in order to maintain some income.

So, if you are an eligible employee who was denied FMLA leave when you feel like the circumstances met the criteria, you may be justified in pursing litigation against your employer. If you are unsure of your next step, call one of our caring attorneys. We have the expertise to fight for your rights.