№ ALBANY
KD
Attorney
Katherine Doyle
Doyle Employment Law
Civil LitigationEmployment Law
- City
- Albany
Employment Law · Sub-Practice
FMLA Violations
The FMLA gives you the right to take leave. Your employer cannot punish you for using it.
§ Overview
What your case actually involves.
The Family and Medical Leave Act (FMLA) guarantees eligible employees up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons. Violations are common — and employees often don't realize their rights were violated.
The FMLA covers employees at companies with 50+ employees who have worked there for at least 12 months and at least 1,250 hours in the past year. Covered leave includes: the birth or adoption of a child; a serious health condition of the employee; caring for a spouse, child, or parent with a serious health condition; and qualifying exigencies related to military service. An employer that denies, interferes with, or retaliates against an employee for taking FMLA leave violates the law. Interference includes failing to notify employees of FMLA rights, misclassifying leave, counting FMLA absences against attendance policies, and denying reinstatement. Retaliation includes termination, demotion, or negative performance reviews motivated by FMLA use.
§ Common violations in this area
- ▸Denial of approved FMLA leave or failure to designate eligible leave as FMLA
- ▸Counting FMLA absences against attendance policies that trigger discipline or termination
- ▸Failure to maintain health insurance during FMLA leave on the same terms
- ▸Failure to reinstate the employee to the same or equivalent position upon return
- ▸Termination, demotion, or harassment motivated by FMLA leave use
- ▸Failure to notify employees of their FMLA rights and eligibility
§ How attorneys build your case
- ›Documenting the FMLA request and certification — what you requested and when
- ›Documenting employer's response — approval, denial, or silence
- ›Gathering attendance records, disciplinary records, and performance reviews for the relevant period
- ›Establishing the connection between FMLA use and any adverse action (timing, statements, pattern)
- ›Filing a complaint with the Department of Labor's Wage and Hour Division or federal court
- ›Calculating damages — back wages, benefits, reinstatement, and liquidated damages (doubling)
“FMLA retaliation cases are won and lost on timing. Employers know the law — they don't announce that they're firing someone for taking FMLA leave. Instead, they manufacture performance issues, shift blame onto the employee, or use a pattern of minor disciplinary actions to build a paper trail. The antidote is the employee's own documentation: positive performance reviews before the leave, consistent attendance records, and glowing communications from management — all of which suddenly change after the protected leave. The more complete the employee's own records, the harder it is for the employer to manufacture a pretextual story.”
§ What to look for in an attorney
- 01Experience with FMLA interference and retaliation claims
- 02Understanding of state family leave laws — many states provide additional protections
- 03ADA and FMLA coordination knowledge — these laws often overlap
- 04Ability to identify subtle interference — many violations are not obvious
- 05Contingency fee representation and employer-pays-attorney's-fees upon success
- 06Trial experience — FMLA retaliation requires proving employer motivation
⚖️
§ Ask these at your consultation
6 questions that matter
- ❓Am I eligible for FMLA — do I meet the employer size, tenure, and hours requirements?
- 💰Does my health situation or family event qualify as FMLA-covered leave?
- 🔍Did my employer properly handle my leave request and certification?
- 📋Is my termination or discipline connected to my FMLA leave in a way the law prohibits?
- 💬Do I have stronger protections under my state's leave law than under federal FMLA?
- 💡Can my employer require me to use vacation or PTO concurrently with FMLA leave?
§ Frequently asked questions
Common questions about fmla violations.
Q 01
My employer says I can't take intermittent FMLA leave. Is that right?
No. Intermittent FMLA leave — taken in separate blocks of time or by reducing the normal work schedule — is specifically authorized by the FMLA for qualifying conditions. An employer cannot require employees to take all leave at once if the medical situation supports intermittent leave. A medical certification from a healthcare provider supporting intermittent leave is sufficient. Employers who deny intermittent leave or penalize employees for using it are violating the FMLA.
Q 02
I was fired while on FMLA leave. Do I have a claim?
Possibly a strong one. Termination during FMLA leave is not automatically illegal — an employer can still let someone go for legitimate, non-FMLA reasons (like a company-wide layoff) while on leave. But if the timing is suspicious, the stated reason shifts, or similarly situated employees were treated differently, retaliation is the likely explanation. Courts look at the totality of circumstances, with timing and pretextual reasoning as the primary indicators.
Q 03
My employer returned me to a different position after my leave — is that allowed?
It depends. The FMLA generally requires reinstatement to the same position or an equivalent one — same pay, benefits, working conditions, and responsibilities. A lateral transfer to a genuinely equivalent role may be allowed. Reinstatement to a lesser position — lower pay, less responsibility, or fewer benefits — is an FMLA violation even if the employer presents it as "the only available position." Document the comparison between your pre-leave and post-leave roles carefully.
Q 04
My employer never told me about FMLA. Does that affect my case?
Yes, favorably for you. Employers have an affirmative duty to notify employees of their FMLA rights when they are aware of circumstances that may qualify for FMLA leave. Failure to provide this notice can prevent the employer from denying leave and can toll the limitation period for your claims. If your employer knew you were dealing with a qualifying event and said nothing about FMLA, that failure can be used against them in litigation.
§ Featured attorneys
Employment attorneys near you.
№ YORKNY
Gigio Ninan
Employment LawDUI/DWIBusiness Law
- City
- New York
№ RICHVA
DC
Attorney
Denise Carter
Carter Civil Rights Law
Employment LawCivil Rights
- City
- Richmond
Premium
№ CHICIL
James O'Brien
O'Brien Personal Injury Law
Employment LawCivil Rights
- City
- Chicago
№ ATLAGA
VB
Attorney
Vanessa Brooks
Brooks Business Counsel
Employment LawBusiness Law
- City
- Atlanta
№ PHILPA
AD
Attorney
Angela DeLuca
DeLuca Employment Rights
Employment LawCivil Rights
- City
- Philadelphia
§ Related practice areas