5 FMLA Consequences

Understanding the Consequences of the Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid leave in a 12-month period for certain family and medical reasons. While the FMLA is designed to protect employees’ jobs and provide them with time to attend to personal and family matters, there are consequences for both employees and employers who fail to comply with the law. In this article, we will explore five potential consequences of the FMLA and what they mean for employees and employers.

Consequence 1: Loss of Job Protection

One of the primary consequences of the FMLA is the loss of job protection for employees who fail to comply with the law. If an employee takes leave without providing proper notice or certification, the employer may deny the leave and terminate the employee’s job. Similarly, if an employer fails to provide an employee with the required leave, the employee may be able to sue the employer for damages. To avoid this consequence, employees must provide at least 30 days’ notice before taking leave, and employers must provide employees with a notice of their eligibility for leave.

Consequence 2: Back Pay and Benefits

Another consequence of the FMLA is the requirement for employers to provide back pay and benefits to employees who are denied leave or terminated in violation of the law. If an employer is found to have violated the FMLA, the employer may be required to pay the employee’s back pay, benefits, and other damages. This consequence can be significant, as it can include not only the employee’s lost wages but also the cost of benefits, such as health insurance, that the employee would have received if they had been allowed to take leave.

Consequence 3: Liquidated Damages

In addition to back pay and benefits, employers who violate the FMLA may also be required to pay liquidated damages. Liquidated damages are an amount equal to the amount of back pay owed to the employee, and they are intended to punish employers for violating the law. To avoid this consequence, employers must ensure that they are providing employees with the required leave and notifying them of their rights under the FMLA.

Consequence 4: Reinstatement

A fourth consequence of the FMLA is the requirement for employers to reinstate employees who return from leave. If an employee takes leave and returns to work, the employer must reinstate the employee to their former position or a equivalent position with the same pay and benefits. If the employer fails to reinstate the employee, the employee may be able to sue the employer for damages. To avoid this consequence, employers must ensure that they are reinstating employees who return from leave and providing them with the same pay and benefits they received before taking leave.

Consequence 5: Attorney’s Fees and Costs

Finally, a fifth consequence of the FMLA is the requirement for employers to pay attorney’s fees and costs if they are found to have violated the law. If an employee sues an employer for violating the FMLA and wins, the employer may be required to pay the employee’s attorney’s fees and costs. This consequence can be significant, as it can include not only the cost of the employee’s attorney’s fees but also the cost of expert witnesses, court costs, and other expenses.

📝 Note: Employers and employees should consult with an attorney to ensure they are in compliance with the FMLA and to understand their rights and responsibilities under the law.

To summarize, the FMLA has several consequences for employees and employers who fail to comply with the law. These consequences include the loss of job protection, back pay and benefits, liquidated damages, reinstatement, and attorney’s fees and costs. By understanding these consequences, employees and employers can ensure that they are in compliance with the law and avoid potential penalties.