Do All Employers Provide Under the FMLA?
No, not all employers are mandated to provide leaves under the Family and Medical Leave Act (FMLA). Only employers with 50 or more employees in 20 or more workweeks in the current or preceding calendar year are required to provide FMLA leave. Additionally, employees are eligible only if they have worked for their employer for at least 12 months and have clocked in at least 1,250 hours over the past year.
Can You Get Fired for Taking a Leave of Absence?
In general, an employer cannot fire an employee for taking a legitimate leave of absence, especially if the leave is protected under laws such as FMLA. However, if an employee takes a leave not protected by law or without proper approval, they might be at risk of termination. Additionally, if layoffs or other actions unrelated to the leave occur, an employee might lose their job while on leave.
Let’s dive deeper into these scenarios.
Imagine a scenario where Anna, an employee, decides to take a two-week leave to travel overseas without informing her employer in advance or securing approval for her absence. In this case, Anna’s leave isn’t protected by any law, and she didn’t follow the proper channels to obtain approval. Her employer, upon realizing her unapproved absence, could consider it job abandonment or a violation of company policy, leading to her termination.
In another instance, James, while on a legally protected FMLA leave due to a family emergency, finds out through a colleague that his company is going through significant financial struggles. By the end of his leave period, the company initiates a round of layoffs, and James is among those laid off. Though he was on a legally protected leave, the reason for his job loss was unrelated to his leave and was due to the company’s financial situation.
Following such events, it’s essential for the affected employee to understand their rights and the reasons behind their termination. In Anna’s case, she might have little recourse if her employer has a clear and consistently enforced policy on unapproved leaves. However, she should still review her employment agreement and the company’s leave policies to ensure that her termination was by the book.
On the other hand, James should ensure that the layoffs were genuinely for reasons unrelated to his FMLA leave. If there’s any suspicion that his leave influenced the company’s decision to include him in the layoffs, there might be grounds for an FMLA retaliation claim.
In both scenarios, after the initial assessments, it would be wise for Anna and James to consult with an employment attorney to understand their rights fully and to determine any potential remedies or next steps.
What Are Some Leave of Absence Disputes?
Disputes often arise when there’s a discrepancy or misunderstanding between the employer and employee regarding the terms of the leave. Common issues include disagreements over the duration of the leave, refusal of the employer to grant a rightful leave, not restoring the employee to the same or equivalent position after returning, or disputes over payment during the leave period.
Disagreements Over the Duration of the Leave
This pertains to instances when there’s a mismatch between how long an employee believes they can be on leave and how long the employer believes it should last. For example, Emily, under the impression she could extend her maternity leave by another two weeks without pay, faces disagreement from her employer, who believes she is only entitled to the standard 12 weeks under FMLA. This could lead to tensions, especially if Emily has made plans based on the assumption of extended leave.
Refusal of the Employer to Grant a Rightful Leave
Sometimes, employers might deny a leave request even when the employee has a legitimate reason covered under employment laws. For instance, Mike suffers a severe leg injury and requests medical leave to recover. However, his employer, fearful of project delays, denies the request. In this scenario, if Mike’s condition and tenure qualify him for FMLA, the denial is a clear violation.
Not Restoring the Employee to the Same or Equivalent Position
The law mandates that employees returning from protected leaves, like FMLA, should be restored to their original position or an equivalent one with similar pay, benefits, and other employment terms. Let’s consider Lisa, who, after completing her maternity leave, finds herself assigned to a role with lesser responsibilities and a lower pay grade. Such an action by the employer is not only demoralizing but also legally questionable.
Disputes Over Payment During the Leave Period
While laws like the FMLA guarantee job protection, they don’t necessarily guarantee paid leave. Payment during leaves largely depends on company policies or the nature of the leave (like paid sick leaves in certain jurisdictions).
Picture Samuel, who goes on a medical leave, assuming it will be paid based on a misinterpretation of his company’s employee handbook. Upon return, he finds a significantly smaller paycheck, leading to disputes with his HR department over the lack of clarity in the handbook’s phrasing.
Each of these disputes, if not addressed promptly and properly, can escalate, impacting workplace morale and even leading to legal repercussions. It’s vital for both employers and employees to be clear on the terms of leaves, their rights, and obligations, and when in doubt, to seek legal guidance or mediation.
What Are the Remedies for a Leave of Absence Dispute?
When faced with a dispute related to a leave of absence, possible remedies include:
Reinstatement to a Former Position or an Equivalent One
This remedy is paramount when an employee returns from leave only to find their position changed detrimentally. The law, especially through instruments like the FMLA, aims to ensure that an employee does not suffer professionally because they had to take a legitimate and protected leave.
For instance, if Clara, a team leader, goes on a medical leave and, upon return is placed in a lower position, she has the right to be reinstated to her original role. The principle behind this is to ensure that employees aren’t deterred from taking necessary leaves out of fear of professional repercussions.
Compensation for Lost Wages, Benefits, or Other Financial Losses
In cases where the violation has led to financial loss for the employee, they can be compensated for those losses.
For example, if Alex was unfairly denied paid sick leave, even though company policy clearly states he’s entitled to it, he can be compensated for the wages he lost during that period. This can extend to other benefits that might have been denied, like health insurance benefits, bonuses, or contributions to retirement plans.
Job Protection During Future Leaves
This remedy ensures that if an employee needs to take another leave in the future, their job remains protected. It’s particularly crucial when there’s a history of disputes related to leaves. Say, Maria faced challenges during her first maternity leave. The court or settlement might stipulate that for her potential future leaves, her job will remain protected, preventing a repeat of past issues.
Payment for Legal Fees, Especially if the Dispute Reaches Court
Legal disputes can be expensive. If an employee has to go to court to assert their rights and wins the case, the employer may be directed to pay the employee’s legal fees. It acts both as a remedy for the employee and as a deterrent for employers from violating leave rights.
Other Remedies as Deemed Fit Depending on the Nature and Impact of the Violation
There’s a range of other potential remedies that might be considered based on the specifics of each case. For example, if an employee faced emotional distress due to the way their leave was handled, they might be awarded damages for pain and suffering. Or, if an employer has shown a pattern of consistently violating leave rights for multiple employees, they might be mandated to undergo training or implement new HR policies to prevent future violations.
All these remedies underscore the importance of understanding and respecting employment laws related to leaves. Both employers and employees benefit from a clear, fair, and consistently applied policy. When disputes do arise, it’s vital to address them promptly, with an understanding of the potential remedies and consequences.
Do I Need a Lawyer for Help with a Leave of Absence?
If you believe your rights have been violated or need clarity about the terms of a leave, consulting an employment lawyer can be helpful. They can guide you through the legal nuances, ensuring your rights are upheld.
If you’re facing issues related to leaves of absence, consider seeking assistance from a dedicated employment lawyer through LegalMatch.
