If you have been denied FMLA, you may have a claim for interference. Whether the employer intended to deny FMLA or not, they may still be liable for an FMLA interference claim if you can prove that you are indeed entitled to the FMLA benefit denied. The onus is on the employer to administer the benefit to entitled employees.
FMLA Retaliation Claims
The other type of FMLA claim is one of retaliation. If your employer intentionally discriminated against you when you asserted your FMLA rights, such as subjecting you to an adverse employment action like wrongful termination, you may be able to bring a retaliation claim. Retaliatory or discriminatory actions by the employer against an employee because they exercised their FMLA right is a violation of the Act.
Leave Requests Under FMLA
Employees seeking FMLA leave do not need to mention the Family Medical Leave Act by name when asking for leave. An employee merely needs to provide, at a minimum, verbal notice to make the employer aware that the employee needs FMLA-qualifying leave to include information regarding the anticipated dates they will be out of the workplace. If your employer denies FMLA because you did not specifically ask for FMLA leave, they may be in violation of the Act.
Calculating 12 Month Periods Under FMLA
Generally speaking, an eligible employee is entitled to up to 12 weeks of FMLA in a 12 month period. If an employer did not explicitly detail the method of calculating the 12 month period, the most favorable method to the employee must be used as the default. Say for example an employee takes 12 weeks of leave at the end of the year and 12 weeks more at the beginning of the following year – depending on how the employer defines the 12 month period, you may or may not be protected under FMLA for both 12 week leaves. Failure to make the calculation clear to the employee means he or she gets the benefit of the most favorable treatment under FMLA.
Providing Notice to Employees
Most employees do not have in depth knowledge of employment law, so it falls to the employer to make employees aware of their rights under FMLA. Employers have a requirement to provide general notice to employees and applicants about FMLA benefits by displaying information prominently to both. Failure to do so can result in fines to the employer.
Denied FMLA? Contact Davenport Retaliation : Wrongful Termination Lawyers
If you believe that your rights under FMLA have been violated, get help now. The Davenport Iowa employment law attorneys of McDonald, Woodward & Carlson PC can assist you with a range of employment law matters including FMLA retaliation as well as issues such as employment discrimination on the basis of sex, including sexual harassment in the workplace; race; religion; color; national origin; age or disability. Call 563-355-6478 today for immediate assistance.