Recovering Damages for FMLA ViolationsThe FMLA was enacted so eligible employees and servicemembers may attend to exigencies such as birth, serious medical conditions, or to care for service members seriously injured. While employers can request proof of such incidents to validate your FMLA request, many simply don’t bother. Firing or replacing employees seems to be much simpler in many cases, many of those dismissals lacking merit. Rager & Yoon – Employment Lawyers can recover wages and other forms of financial relief for those who’ve been unreasonably treated when family emergencies arise. And because the Department of Labor is heavily involved with FMLA oversight, sweeping reform may be imposed upon an employer who violates any portion of this Act. Employees, under the Family and Medical Leave Act, have the right to:
- Return to employment with the same wage, same title and without harassment or retaliation.
- Take intermittent absences so long as doing so doesn’t interfere with employer’s business operations and is deemed prudent to your personal situation.
- Give reasonable notice without having position jeopardized or threatened.
- Care for family members who are military personnel. FMLA allows twenty-six (26) weeks of unpaid leave (or partially paid if taking alongside paid vacation time) without losing position or prestige within the company.