FMLA Leave: Your Rights, Legal Protections, and How Morgan & Morgan Can Help

Balancing work and personal life can be challenging, especially when faced with a serious health condition or the need to care for a loved one. The Family and Medical Leave Act (FMLA) was designed to provide employees with the security of knowing they can take time off without jeopardizing their job. 

However, understanding FMLA rights and protections can be complex, and not all employers comply with the law.

What Is the FMLA?

The Family and Medical Leave Act (FMLA) is a federal law enacted in 1993 that grants eligible employees the right to take unpaid, job-protected leave for specified family and medical reasons. This law ensures that individuals do not have to choose between their job security and personal or family health needs.

What Situations Qualify for FMLA Leave?

Under the FMLA, eligible employees can take up to 12 weeks of unpaid leave in a 12-month period for the following reasons:

• The birth of a child and bonding with the newborn
• The placement of a child for adoption or foster care
• To care for an immediate family member (spouse, child, or parent) with a serious health condition
• If the employee has a serious health condition that prevents them from performing essential job duties
• Qualifying exigencies arising from a family member’s active military duty

In addition, the FMLA provides up to 26 weeks of leave to care for a covered servicemember with a serious injury or illness if the employee is the servicemember’s spouse, child, parent, or next of kin.

Who Is Eligible for FMLA Leave?

Not all employees automatically qualify for FMLA leave. To be eligible, an employee must meet the following criteria:

• Work for a covered employer (private-sector employers with 50 or more employees, public agencies, or public/private elementary and secondary schools)
• Have worked for the employer for at least 12 months
• Have completed at least 1,250 hours of service during the 12 months before the leave starts
• Work at a location where the employer has at least 50 employees within 75 miles

If you meet these requirements, you have the right to take FMLA leave without fear of losing your job or facing retaliation from your employer.

How FMLA Leave Works

Requesting FMLA Leave

To request FMLA leave, you must provide your employer with appropriate notice:

• If the leave is foreseeable (such as for childbirth or scheduled surgery), you should provide at least 30 days’ notice.
• If the leave is unforeseeable (such as an emergency medical condition), you should notify your employer as soon as possible.

Your employer may require medical certification to validate the need for leave. The certification must be completed by a healthcare provider and detail the condition, duration, and necessity of the leave.

Employee Rights During FMLA Leave

While on FMLA leave, employees have several key protections:

• Job Protection: Upon return from leave, employees must be reinstated to the same or an equivalent position with the same pay, benefits, and conditions.
• Continuation of Benefits: Employers must maintain group health insurance coverage under the same terms as if the employee had continued working.
• Protection Against Retaliation: Employers cannot fire, demote, or discriminate against employees for taking FMLA leave.

How Leave is Structured

FMLA leave can be taken in three ways:

• Continuous Leave: The employee takes all 12 weeks at once (after childbirth or major surgery).
• Intermittent Leave: The employee takes leave in separate blocks of time for ongoing medical treatment or flare-ups (chemotherapy, chronic migraines).
• Reduced Schedule Leave: The employee temporarily reduces work hours due to a medical condition.

Employer Responsibilities

Employers have specific legal responsibilities under the FMLA:

• Employers must continue the employee’s health insurance as if they were still working.
• Employers cannot retaliate against employees for taking FMLA leave.
• Employers must reinstate the employee to the same or an equivalent position after their leave ends.

Tracking and Limitations

FMLA provides 12 weeks of leave per 12-month period. However, the FMLA 3-day rule states that an employee must be incapacitated for at least three consecutive days before qualifying for FMLA.

Additionally, military caregivers may qualify for up to 26 weeks of leave in a single 12-month period.

What happens after FMLA leave?

Once FMLA leave ends, you return to the same or an equivalent job. If your leave extends beyond 12 weeks, job protection no longer applies unless additional protections exist (ADA accommodations, state laws).

Common FMLA Challenges and Misconceptions

FMLA can be complex for both employees and employers, leading to challenges and misconceptions. Here are some of the most common ones:

Common Challenges with FMLA

Employer Resistance and Wrongful Denials

Some employers wrongly deny FMLA requests, either due to lack of understanding or an attempt to avoid granting leave. Employers may also misclassify employees as ineligible when they actually qualify.

Lack of Documentation or Communication

Employees must provide proper medical certification from a healthcare provider. If documentation is incomplete or late, employers may delay or deny leave. Employees must also give proper notice (30 days for foreseeable leave, as soon as possible for emergencies).

Tracking Intermittent Leave

Intermittent FMLA leave (taken in separate blocks of time) is challenging to track, leading to disputes over how much leave an employee has used.

Some employers require employees to call in daily or provide excessive updates, making it difficult to manage.

Confusion Over Paid vs. Unpaid Leave

FMLA itself is unpaid, but many employees assume they will receive income during their leave. Employees can use PTO, sick leave, or short-term disability benefits to get paid, but policies vary by employer.

Job Protection Loopholes

Some employees believe FMLA guarantees their exact job back—but employers only have to provide the same or equivalent position. Key employees (such as high-ranking executives) may not be entitled to reinstatement if their absence causes major financial harm to the company.

Common Misconceptions About FMLA

“FMLA Applies to All Employers”

False. Only employers with 50 or more employees within a 75-mile radius are covered under FMLA.

“All Employees Qualify for FMLA”

False. Employees must have worked for their employer for at least 12 months and completed 1,250 hours of work in the past year.

“FMLA Leave is Always Paid”

False. FMLA is unpaid unless an employer allows the use of PTO, sick leave, or disability benefits.

“FMLA Covers Any Illness”

False. Only serious health conditions that require ongoing treatment or incapacity of three or more consecutive days qualify.

“Employers Can Fire Employees on FMLA Leave”

False, with exceptions. Employers cannot terminate employees just for taking FMLA leave, but they can fire employees for other legitimate reasons (e.g., company-wide layoffs, policy violations).

“FMLA Leave Can Be Extended Beyond 12 Weeks”

False, unless other laws apply. Once an employee has used their 12 weeks of FMLA leave, their job is no longer protected unless:

• They qualify for ADA accommodations.
• They are covered by state laws offering additional leave.

Can an Employer Deny an FMLA Request?

Your employer can deny your FMLA request only under specific circumstances. If you meet all eligibility requirements and provide the necessary documentation, your employer cannot legally deny your request. However, there are situations where a denial is valid.

When Can an Employer Deny FMLA?

You Don’t Meet the Eligibility Requirements

• You haven’t worked for the company for at least 12 months.
• You haven’t worked at least 1,250 hours in the past 12 months.
• Your employer has fewer than 50 employees within a 75-mile radius (unless they are a government agency or school).

Your Reason for Leave Doesn’t Qualify

• FMLA only applies to serious health conditions or family-related reasons (e.g., birth, adoption, military leave).
• If your condition isn’t medically certified as a serious health issue, your employer may deny the request.

You Fail to Provide Proper Notice or Documentation

• If your leave is planned (surgery, childbirth), you must give your employer at least 30 days’ notice.
• For emergencies, you must notify your employer as soon as possible.
• Your employer can require medical certification from a doctor and may deny your request if you don’t provide it in time.

You’ve Used Up Your 12 Weeks of FMLA Leave

• FMLA provides up to 12 weeks of leave per year.
• If you’ve already taken 12 weeks, your employer can legally deny additional leave.

When an Employer Cannot Deny FMLA

Retaliation or discrimination: Your employer cannot deny your leave because they don’t want you to take time off.

Job performance issues: Even if you’re on a performance plan, your right to FMLA is still protected.

“Too many employees are out” excuse: Staffing shortages are not a legal reason to deny FMLA.

Why You May Need a Lawyer for FMLA Issues

Despite the legal protections of the FMLA, employers sometimes violate employee rights. Here are some common FMLA violations:

Wrongful Denial of FMLA Leave

Some employers may refuse to grant FMLA leave, claiming the employee is ineligible when they meet the legal requirements.

Retaliation for Taking FMLA Leave

Employees may face demotions, reductions in hours, or even termination for exercising their FMLA rights.

Failure to Reinstate an Employee

After returning from FMLA leave, an employer must reinstate the employee to the same or an equivalent position. If an employer fails to do so, they may be violating the law.

Interference With FMLA Rights

Employers cannot discourage or prevent employees from taking FMLA leave. This includes delaying approvals, providing false information, or pressuring employees to shorten their leave.

Misclassification of Employees

Some employers may misclassify employees as ineligible for FMLA leave, either intentionally or due to lack of understanding of the law.

If you experience any of these issues, legal representation can help you enforce your rights and recover damages for lost wages, reinstatement, and other remedies.

How Morgan & Morgan Can Help

If your employer has denied your rightful FMLA leave or retaliated against you for using it, Morgan & Morgan can provide the legal support you need. Our experienced employment attorneys have a track record of fighting for workers’ rights and holding employers accountable.

What We Offer:

• Free Case Evaluation: We offer a free consultation to review your case and determine if your FMLA rights were violated.
• Legal Expertise: Our attorneys specialize in employment law and have extensive experience handling FMLA disputes.
• No Upfront Costs: We work on a contingency fee basis, meaning you don’t pay unless we win your case.
• Aggressive Advocacy: We are committed to fighting for your rights and ensuring you receive the compensation and justice you deserve.

What You Can Recover:

If your employer violated the FMLA, you may be entitled to:

• Lost wages and benefits
• Reinstatement to your job
• Compensation for emotional distress
• Attorney’s fees and court costs

Were You Denied FMLA? Take Action

The Family and Medical Leave Act is designed to protect employees facing personal and family health challenges. However, some employers may not respect these legal protections. 

If you believe your FMLA rights have been violated, contact Morgan & Morgan, America’s largest personal injury law firm. For over 35 years, our firm has been dedicated to helping employees stand up against unfair treatment—and recovering the compensation they deserve when employers don’t do their part. 

Contact us today for a free case evaluation and learn more about how we may be able to help.