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What if an employer violates the FMLA?

The Family and Medical Leave Act, or FMLA, was signed into law in 1993 and established protections for employees who become sick or must care for a sick relative. The law allows employees to take unpaid leave to care for themselves or family members without losing their health insurance. The law provides for up to 12 weeks of unpaid leave and establishes rules that employees and employers must follow. Texas workers may have to take legal action if an employer tries to circumvent this law.

Violations of the Family and Medical Leave Act

FMLA violations come in several forms. Among the boldest violations are refusing to grant a legitimate request or threatening an employee who hopes to rely on the law. Firing someone who spends several weeks in the hospital with an ailment may lead to a lawsuit.

Sometimes, an employer will take underhanded actions designed to avoid legal troubles. Any manipulation of an employee’s work hours with the intent of denying FMLA benefits would be a violation of the law.

Dealing with violations of employment law

When a violation occurs, an employee might want to consult with an attorney. An attorney may review the case and offer a legal opinion about the situation. Other employment law issues could come to light when an employer impedes a worker’s leave claim under FMLA.

Employees should make sure their employer falls under the FMLA provisions. The statute applies to employers with a specific minimum number of workers employed by the company for a set number of weeks during the current or preceding calendar year. If these criteria are met, the employer’s actions might result in a discrimination lawsuit or another civil action.