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 the time they need 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: Retaliation Against Employees

One of the most significant consequences of the FMLA is the potential for retaliation against employees who take leave under the law. The FMLA prohibits employers from retaliating against employees who take leave, and this includes discrimination, harassment, and termination. If an employer retaliates against an employee for taking FMLA leave, the employee may be entitled to back pay, front pay, and other damages. Employers who retaliate against employees may also face civil penalties and fines.

Consequence 2: Interference with FMLA Rights

Another consequence of the FMLA is the potential for interference with an employee’s FMLA rights. This can occur when an employer fails to provide an employee with the required notice of FMLA eligibility, fails to provide an employee with the required certification, or fails to reinstate an employee to their previous position after they return from leave. If an employer interferes with an employee’s FMLA rights, the employee may be entitled to injunctive relief, back pay, and other damages.

Consequence 3: Record-Keeping Requirements

The FMLA requires employers to maintain certain records, including records of employee leave, records of employee eligibility, and records of employee certification. If an employer fails to maintain these records, they may face civil penalties and fines. Additionally, employers who fail to maintain accurate records may have difficulty defending themselves against claims of FMLA violations.

Consequence 4: Impact on Employee Benefits

The FMLA also has consequences for employee benefits. While an employee is on FMLA leave, their employer must continue to provide them with health insurance coverage and allow them to continue to pay their share of the premiums. If an employer fails to continue health insurance coverage, they may face civil penalties and fines. Additionally, employees who take FMLA leave may experience a reduction in their benefits, such as a reduction in their vacation time or sick leave.

Consequence 5: Litigation and Lawsuits

Finally, the FMLA has consequences for litigation and lawsuits. If an employer violates the FMLA, an employee may file a lawsuit against the employer to recover damages. The employee may also file a complaint with the U.S. Department of Labor, which may investigate the employer and impose civil penalties and fines. Employers who are found to have violated the FMLA may face significant financial penalties, including back pay, front pay, and other damages.

📝 Note: Employers and employees should be aware of the consequences of the FMLA and take steps to ensure compliance with the law. This includes providing employees with the required notice of FMLA eligibility, maintaining accurate records, and continuing to provide health insurance coverage during leave.

In summary, the FMLA has significant consequences for both employees and employers. Employers who fail to comply with the law may face civil penalties and fines, while employees who are retaliated against or have their rights interfered with may be entitled to back pay, front pay, and other damages. By understanding the consequences of the FMLA, employers and employees can take steps to ensure compliance with the law and avoid potential pitfalls.