Family Medical Leave Act (FMLA)
Emery Reddy regularly files lawsuits against employers who violate the Family Medical Leave Act (FMLA).
These are the 5 most common FMLA violations we see from Washington state employers:
- 1. Ignoring leave requests
- 2. Declaring a medical certification “insufficient”
- 3. Asking employee to work while on FMLA
- 4. Including FMLA leave in a count of absences
- 5. Failure to act in good faith
Many employers don’t realize that their workers do not have to specifically ask for leave under the Family Medical Leave Act. Employees are not required to mention the “FMLA” when requesting leave. In fact, assuming adequate notice, simply verbally stating a need for leave for any of the following reasons is sufficient to trigger rights under the FMLA:
- The birth of a child and to bond with the newborn child within one year of birth.
- The placement with the employee of a child for adoption or foster care, and to bond with the newly-placed child within one year of placement.
- A serious health condition that makes the employee unable to perform the functions of his or her job.
- To care for the employee’s spouse, son, daughter, or parent who has a serious health condition.
- Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a military member on covered active duty.
- To care for a covered service-member with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the service-member (military caregiver leave).
See the Department of Labor’s Fact Sheet on Employee Notice Requirements under the FMLA.
If you believe your employer may have violated your rights under the FMLA, give us a call today: we’ll investigate details and determine how we can help.