Know Your Rights Under The Family Medical Leave Act (“FMLA”)

At Hurwitz Law PLLC, we understand how critical it is for employees to take time off to care for themselves or loved ones without the fear of losing their job. As experienced employment attorneys in Ann Arbor, we are committed to protecting workers’ rights under the Family and Medical Leave Act (FMLA). If your employer has unlawfully denied your leave, failed to inform you of your rights or retaliated against you for taking protected time off, we’re here to help. We advocate for employees from all walks of life across Michigan.

What Triggers FMLA Protections?

“[T]o invoke the protection of the FMLA, an employee must provide notice and a qualifying reason for requesting the leave.” Brohm v. JH Props., Inc., 149 F.3d 517, 523 (6th Cir. 1998). Employee notice must have been given “as soon as practicable under the facts and circumstances of the particular case.” 29 C.F.R. § 825.303(a). “The employee need not expressly assert rights under the FMLA or even mention the FMLA but may only state that leave is needed. The employer will be expected to obtain any additional required information through informal means.” 29 C.F.R. § 825.303(b).

Employer Retaliation Is Prohibited

Under the FMLA, “[i]t shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this subchapter.” 29 U.S.C. § 2615(a)(2). To succeed on such a claim, an employee needs to demonstrate that (1) they availed themselves of a protected right under FMLA; (2) the employer knew that they exercised a protected right; (3) they were adversely affected by an employment decision; and (4) there was a causal connection between the exercise of the protected right and the adverse employment action. Canitia v. Yellow Freight Sys., Inc., 903 F.2d 1064, 1066 (6th Cir.1990).

Employer Notification Requirements

Within five business days of an employee requesting FMLA leave, or when an employer is on notice of an employee’s potentially FMLA-qualifying condition, it “must notify the employee of the employee’s eligibility to take FMLA.” C.F.R. § 825.300(b)(1). Along with the eligibility notice, employers must also provide “written notice detailing the specific expectations and obligations of the employee and explaining any consequences of a failure to meet these obligations.” C.F.R § 825.300(c)(1).

The employer must notify the employee of the amount of leave counted against the employee’s FMLA leave entitlement. If the amount of leave needed is known at the time the employer designates the leave as FMLA-qualifying, the employer must notify the employee of the number of hours, days or weeks that will be counted against the employee’s FMLA leave entitlement in the designation notice. If it is not possible to provide the hours, days or weeks that will be counted against the employee’s FMLA leave entitlement (such as in the case of unforeseeable intermittent leave), then the employer must provide notice of the amount of leave counted against the employee’s FMLA leave entitlement upon the request by the employee, but no more often than once in a 30–day period and only if leave was taken in that period. Ross v. Youth Consultation Serv., Inc., 2016 WL 7476352, at *3 (D.N.J. Dec. 29, 2016), citing C.F.R. § 825.300(d)(6).

In short, employees are entitled to protections under the FMLA and employers must make them aware of such protections so they can meaningfully choose to exercise their FMLA rights. Id. Of course, many companies fail to make employees aware of their protections under the FMLA or provide them with eligibility.

Employee Restoration Rights

If you are suffering from a serious health condition or need to provide care to someone suffering from a serious health condition, our law firm can help. And it is critically important that the employer not retaliate against you after FMLA protected leave has been exercised. Meaning, an employee returning to work after taking leave has the right “to be restored by the employer to the position of employment held by the employee when the leave commenced” or “to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.” 29 U.S.C. § 2614(a)(1)(A)-(B).

Learn How We Can Help

If your employer interferes with your rights and commits a violation of the statutory protections of the FMLA, please call 844-HURWITZ or complete our online form. We are experienced lawyers who can help you exercise and enforce your rights.