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Employer FMLA violations occur in workplace

On Behalf of | Jul 19, 2022 | Employment Law

Under the Family and Medical Leave Act (FMLA), Oregon employees who meet certain eligibility requirements are entitled to 12 workweeks of leave per 12-month period. Eligible employees are entitled to FMLA leave in the following situations:

  • The birth, adoption, or fostering of a child.
  • Employee has a serious medical condition that makes them unable to perform the job.
  • Employee has to care for a family member with a serious medical condition.
  • Qualifying exigency related to a family military member on covered active duty or call to covered active-duty status.

Employers may violate the FMLA by acting out against an eligible employee for requesting or taking the FMLA leave they are entitled to take. Some common violations include:

  • Failing to recognize employee’s request for FMLA leave.
  • Requiring an employee to provide an excessive amount of notice before taking their FMLA leave.
  • Refusing to allow the employee to take FMLA leave.
  • Retaliating against an employee for taking FMLA leave by terminating them, cutting their hours, reducing their pay, etc.
  • Giving an employee a lower-level position upon their return from FMLA leave.
  • Asking or expecting an employee to work from home while on FMLA leave.

The FMLA was implemented to give workers the opportunity to care for themselves and their families without having to worry about their jobs. If your employer has violated the FMLA and caused you harm as a result, you may be entitled to damages. If you win your case, you may recover damages for back pay, front pay, liquidated damages, and emotional distress. An attorney specializing in employment law can review your case and help you move forward with your case.