infoNavigating FMLA Leave: What Employers Can and Cannot Do

infoNavigating FMLA Leave: What Employers Can and Cannot Do

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Complying with the varied legal and practical requirements of the FMLA (Family and Medical Leave) along with its regulation can certainly be a challenge, especially when it comes to the matter of when or whether an employee is qualified to take a leave or not. If you are an employee facing a violation of rights out of applying for a leave of absence, you must understand what employers can and cannot do under FMLA. Consider hiring services from an attorney to have a clear vision, gain valued insights, and seek eligible claims in case of violations. 

The Law Offices of Usmaan Sleemi, with its in-house team of attorneys, is ready to help you find ways to navigate employee leave as per FMLA and protect your rights in the workplace.  

Contents
  1. Things Employers Can Do Under FMLA Leave
  2. Basic FMLA leave eligibility criteria
  3. Prior temporary employment counts toward FMLA leave
  4. Things Employers Cannot Do While on FMLA Leave
  5. Wrapping It Up

Things Employers Can Do Under FMLA Leave

Upcoming is a set of things employers can do considering the FMLA leave request from their employees. 

Basic FMLA leave eligibility criteria

The FMLA allows eligible employees to take twelve workweeks of job-protected, unpaid leave, given their specific family or personal medical reasons for the twelve-month period. This includes giving birth and taking care of a newborn child, an employee having a serious health condition, or a family member said to be experiencing a health-related concern. Considering these criteria, the employer has the right to provide FMLA leave. 

Prior temporary employment counts toward FMLA leave

As an employee, you will be eligible for FMLA leave, provided that you have covered 1,250 working hours during the twelve months before applying for leave or completed twelve months of working with the employer. Prior temporary work done for a company does count against the time frame worked under an employer for FMLA eligibility, even if the third-party service agency has directly employed and regularly paid the worker. 

Things Employers Cannot Do While on FMLA Leave

Upcoming is a set of guidelines for what employers cannot or should not do while an employee is on FMLA leave.

  1. Never let the employer force you to do any work unless it is an emergency or easy task that doesn’t take up your leave purposes in the first place. Suppose you are threatened or receiving continuous requests to work during FMLA leave days. In that case, the employer is said to interfere with your workplace rights, and it’s time to contact a reputable employment lawyer.
  2. If at all for a health condition that goes easy with the FMLA leave norms, like a leg injury, you should never indulge in rigorous physical activities like running until the doctor lets you do it. The possible way to get fired from a workplace while on an FMLA leave is by concluding that a request for leave was submitted based on a lie. 
  3. Timely update about your medical condition or the current state of condition for which you have applied for a leave in the first place with the employer. The employer is entitled to ask for periodic updates regarding your or a family individual’s condition and to know the expected date of your return to the workplace. If you are in a place where work emails are unreachable, then while applying under FMLA norms, you must state the way of communication to be safer. 

Wrapping It Up

If you find your rights under the FMLA have been violated or are confused about possible ways to apply for emergency leave, contact a renowned employment law attorney to navigate the entire process. Schedule your consultation to find possible ways to make claims for the damage done by the employer and for ways to secure your job.

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