Family and Medical Leave Act Violations (FMLA)

Although Indiana is an “employment at will” state, there are many different laws that provide protections for employees.

Family and Medical Leave Act Violations (FMLA)

The federal Family and Medical Leave Act (FMLA) requires many employers to grant unpaid leave to an employee after the birth of a child, the arrival of an adopted child, to care for a sick relative or when the employee is ill. These laws apply to private and public employers with 50 or more employees. Any employer covered under state or federal law must grant unpaid leave of up to 12 weeks annually to eligible employees in these situations.

The FMLA defines eligible employees as those who have worked for an employer for at least 12 months and have provided at least 1,250 hours of service. When leave is granted by the employer, it can be taken all at once or it can be taken in smaller increments of time, known as intermittent leave. Once an employee has taken FMLA leave, employers are allowed to calculate the remaining amount of leave in several different ways. Making those calculations can be confusing for employees, who must rely on what they are told by the employer about their FMLA rights.

Some common FMLA violations:

An employer failing to notify an employee of his or her FMLA rights. 

An employer disciplining employees for requesting and/or taking FMLA leave. 

An employer improperly calculating an employee’s intermittent FMLA leave or improperly treating FMLA qualifying intermittent leave as unexcused absences.

 An employer refusing to reinstate an employee to his or her same or substantially similar position upon completion of FMLA leave.

 An employer retaliating against or subjecting an employee to disparate treatment because the employee has requested or taken FMLA leave. 

An employer terminating an employee while he or she is on FMLA leave or upon completion of FMLA qualifying leave.  

An employer failing to provide written requests for medical certification and/or not providing the employee with at least 15 days to submit medical certification paperwork.

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