The Family and Medical Leave Act (FMLA) is a federal law that grants eligible employees up to 12 weeks of unpaid, job-protected leave each year for specific family and medical reasons. It protects workers dealing with personal illness, family care responsibilities, or the birth of a child. But what happens when your employer doesn’t follow the rules? That’s when an FMLA attorney can help.
What Situations Does the FMLA Cover?
The FMLA protects eligible employees with up to 12 weeks of unpaid leave for childbirth, adoption, caring for ill family members, managing personal health conditions, or addressing military family needs while maintaining job security and benefits.
This law helps workers balance work and life during illness, recovery, and family transitions. While it’s unpaid leave, it includes continued health benefits and a guarantee of returning to the same or an equal job when the leave ends.
FMLA-Eligible Situations
Situations covered by the FMLA include:
- Childbirth and bonding with a newborn, newly adopted child, or foster placement
- Caregiving responsibilities for a spouse, child, or parent with a serious health condition
- Personal medical leave for your own serious health condition that prevents you from working
- Military family needs related to a family member’s active duty deployment
- Care for injured servicemembers with serious service-related health conditions
What to do next:
If your situation seems like it may qualify for FMLA but you’re unsure, talk to HR or contact an FMLA attorney. A short consultation can help you avoid mistakes and get the benefits you’re owed.
How Do FMLA Violations Happen?
FMLA violations occur when employers wrongfully deny leave, retaliate against employees, fail to reinstate workers to equal positions, or create barriers through excessive documentation requirements..
Many violations happen just because employers don’t understand or follow federal rules. In some cases, they ignore their responsibilities. In others, they apply policies that interfere with your right to leave. Even small errors, like mislabeling a request or misapplying deadlines, can cause legal headaches.
Common FMLA Violations
Employers often violate FMLA rights by:
- Denying legitimate leave to eligible employees without valid justification
- Misclassifying leave reasons to avoid FMLA compliance obligations
- Retaliating through demotion, discipline, or termination after leave requests
- Failing to restore employment to the same or equal position
- Creating unnecessary barriers through excessive certification requirements or approval delays
What to do next:
Start documenting everything—your leave request, your employer’s response, any comments or emails about your situation. This documentation builds a stronger case if the violation becomes more serious.
When Should You Call an FMLA Attorney?
Contact an FMLA attorney if your leave request is denied despite meeting eligibility requirements, your position isn’t properly reinstated, or you experience any form of workplace retaliation related to your FMLA rights.
Sometimes it’s hard to know if your rights have been violated. That’s okay and understandable, as HR departments sometimes use confusing language or vague justifications. If something feels off—like changes in your job duties or pressure to not take any leave—an attorney can clarify your options before things escalate.
Signs You Need Legal Help
You may need legal help if:
- Your eligible leave is denied despite meeting all FMLA qualifications
- You face workplace pressure to return early or accept reduced leave time
- Your job changes while you’re on leave or upon your return
- You need guidance on how FMLA interacts with ADA, NJFLA, or workers’ compensation
- You experience negative consequences after requesting or taking FMLA leave
What to do next:
Trust your instincts—if your employer is acting strange about your leave or treating you differently all of a sudden, that’s a red flag. Contact an FMLA attorney, it’s better to address potential violations early than find out it’s too late.
What Can an FMLA Attorney Do for You?
An FMLA attorney helps protect your workplace rights by explaining legal options, filing proper documentation, collecting evidence, negotiating with employers, and representing you in administrative complaints or lawsuits if your leave rights are violated.
The FMLA is complex, especially when your situation overlaps with other laws or company policies. An attorney can break it down, help you respond to employer demands, and represent you if it comes to that. They’re useful when you’re facing financial loss or job uncertainty as a result of your leave.
How FMLA Attorneys Help
Legal support can include:
- Evaluating your situation to determine if FMLA violations occurred
- Assisting with documentation to strengthen your case
- Filing formal complaints with the Department of Labor
- Negotiating solutions including reinstatement or compensation
- Providing comprehensive advice on overlapping employment laws
What to do next:
If you’re feeling overwhelmed or unsure how to respond to your employer’s actions, let an attorney do the heavy lifting. They know the law and can guide you toward the best outcome with less stress on your end.
How Is NJFLA Different from FMLA?
Unlike FMLA, New Jersey’s Family Leave Act (NJFLA) doesn’t cover personal medical conditions but focuses only on family caregiving and bonding. It also applies to smaller employers (30+ employees vs. 50+ for FMLA), and operates on a 24-month cycle instead of 12 months.
Many New Jersey workers qualify for both state and federal leave, but the laws cover different scenarios. NJFLA is often used after FMLA runs out or in situations where you need more time to care for a family member but not yourself. Understanding both laws can help you maximize your leave options.
Key FMLA vs. NJFLA Differences
The important distinctions include:
- Coverage scope: FMLA includes personal health conditions; NJFLA covers only family care
- Employer size requirements: NJFLA applies to workplaces with 30+ employees; FMLA requires 50+
- Leave time periods: FMLA provides 12 weeks per 12-month period; NJFLA offers 12 weeks per 24 months
- Leave stacking potential: You may qualify for consecutive use in situations like childbirth (FMLA for recovery, NJFLA for bonding)
- State vs. federal protections: NJFLA sometimes offers stronger protections for New Jersey workers
What to do next:
If you live or work in New Jersey, ask your HR department or legal advisor how NJFLA fits into your leave options. The laws might entitle you to more protected time off than you realize.
What Are the Next Steps If Your Rights Were Violated?
If your employer violates your FMLA rights, immediately document all relevant communications, address concerns with HR, file a complaint with the Department of Labor, and consult an employment attorney to explore legal remedies.
Time matters in these situations. Keeping detailed records of conversations, leave requests, and retaliation makes your case stronger. You don’t need to go through this process alone—especially if your job or income is on the line.
Steps to Take After an FMLA Violation
- Document everything – Save all emails, texts, notes from conversations, medical certifications, and leave request forms
- Communicate with HR – Address the issue in writing and keep records of all responses
- Understand deadlines – Note that you usually have 2-3 years to take legal action, depending on circumstances
- File a DOL complaint – Contact the Department of Labor’s Wage and Hour Division to report violations
- Consult an attorney – Get professional legal guidance on your specific situation and options
- Preserve evidence – Continue documenting any ongoing retaliation or extra violations
- Consider your goals – Decide whether you’re seeking reinstatement, compensation, or other remedies
What to do next:
Even if you’re not sure something “counts” as a violation, it’s worth asking. Reach out to an employment law attorney. Most offer no-pressure consultations, where they’ll clarify your specific situation and options.
FMLA and Legal Help FAQs
Can my employer deny FMLA leave if I’m eligible?
If you meet the eligibility requirements and your reason qualifies under the FMLA, your employer is legally required to grant the leave. Denying FMLA leave in such a case could be a violation of federal law. If you’re denied leave, it’s important to get legal guidance to determine if your employer violated your rights.
Can I sue my employer for FMLA retaliation?
Yes, employees have the right to file a private lawsuit if they’ve experienced retaliation for taking or requesting FMLA leave. Retaliation can include demotions, reduced hours, termination, or a hostile work environment. A successful lawsuit could result in compensation, job reinstatement, and other legal remedies.
Do I need an attorney for every FMLA issue?
Not always. If your employer cooperates and you take your leave without issues, legal help isn’t necessary. But if there’s pushback, confusion, or retaliation, contacting an attorney early prevents complications and protects your job.
How long do I have to file an FMLA complaint or lawsuit?
You usually have two years from the date of the violation to file a complaint or lawsuit, or three years if the violation was willful. This is the statute of limitations. Waiting too long can invalidate your right to take action, so speak to an FMLA attorney as soon as you suspect a violation.
What if I’m not sure whether my leave qualifies for FMLA?
It’s common to feel unsure about whether your situation meets the criteria for FMLA. That’s okay. Speak with your HR department or an employment lawyer to clarify if your condition or family need falls under the law. An attorney can also guide you in documenting your request and dealing with employer responses.
Can I be fired while on FMLA leave?
Your job is protected under the FMLA, which means being on leave can’t be the sole reason your employer fires you. But, if they have unrelated, legitimate grounds for termination (such as company-wide layoffs or documented misconduct), they can still fire you. If you suspect your leave was the true reason for termination, it’s wise to consult a lawyer immediately.
Protecting Your FMLA Rights
The Family and Medical Leave Act provides essential protections during life’s most challenging moments. But these protections don’t mean anything unless they’re enforced. If you’re facing resistance from your employer, experiencing retaliation, or just need guidance, an FMLA attorney can be your strongest advocate.
Don’t let confusion about your rights or fear of employer pushback deny you your leave rights. Whether you need help with an FMLA application, have been wrongfully denied leave, or are dealing with the aftermath of taking protected time off, seek professional legal guidance.
Remember that FMLA violations have strict time limits for taking action. The sooner you speak with an employment law specialist, the better your chances of protecting your job, your income, and your peace of mind during difficult times.
Contact an experienced FMLA attorney today for a confidential consultation about your specific situation and legal options.
Resources:
https://www.nj.gov/oag/dcr/downloads/fact-FLA.pdf
https://www.dol.gov/agencies/whd/fact-sheets/28f-fmla-qualifying-reasons
https://webapps.dol.gov/elaws/elg/fmla.htm
https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/employerguide.pdf
