Types of Medical or Disability-Related Leave Infringement
It might not be overtly obvious precisely how your employer is hindering your rights to family leave. While they might outright deny your leave request, they might also break the law in more subtle ways.
Some of the methods which your employer might try to diminish your rights include:
- Enforcing you to give too much notice – While you should give 30 days of warning before a “foreseeable” leave, such as a surgery that has been scheduled several weeks prior, there are emergency situations where no one could plan in advance. In these cases, you only need to give notice as is practical, and employers should not refuse to grant your request.
- Attempting to dissuade you from taking leave – When your boss, supervisor, or manager tries to make excuses to persuade you not to leave, or makes subtle promises about who will get more privileges for staying, or even threatens that you could lose your position or your job, this is illegal. Employers are restricted from trying to deny you of your FMLA rights in any form
- Deliberately or mistakenly miscounting your working time – If you have spent at least 12 months with your employer, or a sum total of 1,250 hours with the same company, then you are now eligible to receive FMLA leave. Some employers try to state that this means the sum total of hours worked at the moment of the request, but this is incorrect – the law refers to the total time you will have worked by the date of your leave.
Fighting Against FMLA Infringement
Following the time of your leave, you may notice that some serious changes have been made without your knowledge or consent. Perhaps you have alerted your employer with plenty of notice that you are back, but they avoid reinstating you for convenience sake, or alternatively reinstate you into a completely different position. They may fail to give you your full benefits back, or deny you your former hard-earned entitlements.
If this is the case, there is no time to lose. A Tyler Family Medical Leave Act violation lawyer is ready to fight your cause.
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