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FMLA Violations

Violations of the Family Medical Leave Act

The Family Medical Leave Act (FMLA) provides eligible employees with the right to take unpaid, job-protected leave for specific family and medical reasons. This federal law, complemented by similar provisions under New Jersey’s Family Leave Act, is designed to help employees balance their work and family responsibilities by allowing them reasonable leave for certain medical and family reasons. Understanding how to address and bring forth cases for violations of these laws is crucial for employees facing issues with their FMLA rights.

Understanding FMLA Protections

Under FMLA, eligible employees are entitled to up to 12 weeks of unpaid leave per year for the birth and care of a newborn child, for an adopted or foster child, to care for an immediate family member with a serious health condition, or to take medical leave when the employee is unable to work because of their own serious health condition.

New Jersey’s Family Leave Act offers similar protections but is specific to the care of a family member or child, not the employee’s own health condition. It’s essential for employees to understand the specifics of both laws to determine their rights and eligibility.

Common Violations of FMLA

Violations can include denial of valid requests for FMLA leave, failure to maintain health benefits during leave, or wrongful termination for taking FMLA leave. Employers might also be found in violation for not providing the requisite notices to employees about their FMLA rights or misclassifying employees to avoid providing FMLA benefits.

Tips for Employees Preparing an FMLA Case

  1. Documentation is Key: Keep detailed records of all FMLA requests, including when and how requests were made, and any responses received from the employer.
  2. Medical Records: For medical-related leave, ensure that you have complete medical records and statements from healthcare providers that clearly support your or your family member’s need for FMLA leave.
  3. Understand Your Rights: Familiarize yourself with both federal FMLA regulations and New Jersey’s laws to fully understand your entitlements and obligations under these laws.
  4. Record Employer Communications: Keep copies of all written communications with your employer regarding FMLA leave, as well as notes from any related discussions or meetings.

The Role of Employment Lawyers in FMLA Cases

Employment lawyers are critical in navigating FMLA claims. They can effectively manage the legal process and improve the likelihood of a favorable outcome by offering several specialized services:

  • Evaluate the Claim: Employment lawyers start by assessing the validity of an FMLA claim, looking at the documentation and circumstances to determine if the law has been violated.
  • Legal Strategy: Skilled lawyers develop a tailored strategy for each case, whether that involves negotiation with the employer, filing a complaint with the appropriate government agency, or proceeding to litigation.
  • Government Filings: An attorney can assist with filing the necessary complaint with agencies such as the U.S. Department of Labor, which enforces the FMLA, or guide the employee through the state’s complaint process.
  • Negotiation and Mediation: Many FMLA claims are resolved through negotiation or mediation. A lawyer with strong negotiation skills can be instrumental in securing a settlement that meets the needs of the employee.
  • Litigation: If necessary, an employment lawyer will litigate the case in court. This includes preparing all legal documents, representing the client in court proceedings, and advocating on their behalf to secure their rights under the FMLA.

Conclusion

Employees suspecting a violation of their FMLA rights should act promptly to secure the necessary documentation and seek legal advice. An employment lawyer with expertise in FMLA cases can provide invaluable guidance and representation, ensuring that employees are able to assert their rights under the law effectively. With professional legal assistance, employees can address any infringements on their rights and seek the remedies they deserve.