5 Most Common FMLA Violations By Employers
  • Posted By Sirmabekian
  • 2022

According to the Family and Medical Leave Act (FMLA), qualified workers are allowed to take unpaid leave for certain medical or family needs. If you are an employee who has taken leave under the Family and Medical Leave Act (FMLA), you may have experienced some difficulties with your employer.

It is not uncommon for employers to violate FMLA rights, which can result in lost wages and other damages. Employers may violate the FMLA by taking measures to restrict an employee’s ability to exercise those rights or by retaliating against an employee who does so. Here are five of the most common FMLA violations by employers that you need to know.

Your Employer Demands that You Provide an Inappropriate Duration of Notice

Under FMLA, employers are required to give employees 30 days’ notice of their FMLA leave if they need to take time off for a valid reason. In the case that it is unforeseeable, you are required to give notice as soon as it is reasonable to do.

However, some employers may demand that the employee provide more than thirty days’ notice to take FMLA leave. This is considered a violation of FMLA rights and can result in legal action.

Your Employer Has Not Acknowledged Your Request

When obtaining FMLA leave, you are not required to mention the phrase “FMLA.” An employer should be able to assess your request and determine the appropriate category for your absence based on the specifics.

If your employer does not acknowledge your FMLA request or fails to provide FMLA paperwork after you have requested leave, then they violate FMLA law.

Your Employer Denies FMLA When it has Been Approved

When an employee is approved for FMLA leave, the employer has to allow them to take the full amount of time that was specified in their FMLA documentation. If however, an employer denies FMLA when it has been previously approved then this is considered a violation of FMLA rights. In other cases, you could be asked by your employer to plan your FMLA leave during less disruptive times.

Your Employer Does Not Restore You to Your Original Position Upon FMLA Leave

Another common FMLA violation is when an employer does not restore an employee to their original position upon returning from FMLA leave. Sometimes employers will offer the employee a different position with less pay or different hours if they return from their FMLA leave, which is illegal and violates FMLA laws. It is important to note that this applies only if you can perform the essential functions of the job you had before taking FMLA leave.

Your Employer Refuses to Pay You for Time Taken Off Under FMLA Leave

Under the Family Medical Leave Act (FMLA), employers must pay employees who are taking time off under FMLA leave. This means that employers cannot refuse to pay employees who are taking FMLA leave, even if they are not working during that time. Refusing to do so is a violation of FMLA law and can lead to legal action being taken against the employer.


These are some of the most common FMLA violations by employers that you should be aware of if you are eligible for leave under the FMLA. If your employer has violated your FMLA rights in any way, it is important to speak with an experienced employment law attorney who can protect your rights and ensure that all laws concerning FMLA rules and regulations have been followed.

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