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What Are the 5 Most Common FMLA Violations in Washington State?

These are the 5 most common Washington State FMLA violations we see from Washington state employers:

  1. Ignoring leave requests
  2. Declaring a medical certification insufficient
  3. Asking an employee to work while on FMLA
  4. Including FMLA leave in a count of absences
  5. Failure to act in good faith

Many employers are unaware that their employees do not have to specifically ask for leave under the Washington State FMLA. Employees are not required to mention the FMLA when requesting leave. In fact, assuming adequate notice, simply verbally stating a need for leave is enough.

Washington State FMLA Eligible Employee Benefits

Workers who are eligible for leave under Washington state FMLA qualify for one of the two leave periods listed below.
Twelve workweeks of leave in a 12-month period for:

  • The birth of a child and to care for the newborn child within one year of birth.
  • The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement.
  • The care for the employee’s spouse, child, or parent who has a serious health condition.
  • A serious health condition that makes the employee unable to perform the essential functions of their job.
  • Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”

Twenty-six work weeks of leave during a single 12-month period to care for:

  • A covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

See the Washington State Department of Labor and Industries (L&I) Fact Sheet on Employee Notice Requirements under FMLA for more information.

Emery | Reddy Can Help You with Your FMLA Violation Claim

If you have tried to work things out with your employer and nothing has been done, then it’s time to consult with an experienced Washington state Employment and Labor Law attorney. Employment and Labor Law is complicated and can be overwhelming for anyone not familiar with it. Trying to hold a company accountable for bad business practices requires a skilled attorney to navigate the different laws and tactics an employer may use.

Emery | Reddy has over eight decades of experience in Employment and Labor Law and an unmatched record of helping Washington state workers get the justice they deserve in labor violations. Call for a Free Case Review with an experienced Intake Specialist and learn how we may able to help. No fee unless we recover for you.

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