What You Need to Know About Employee Rights and Employer Sanctions for FMLA Violations in Rhode Island

Federal and state laws recognize that employees have the right to take medical leave from their jobs without fear of discrimination or retaliation. For instance, an injured worker can expect to take some unpaid time away from work to focus on their physical recovery without fearing that they will lose their position or experience other forms of discrimination or retaliation (e.g., a demotion, an assignment to work fewer hours, etc.). Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to take unpaid leave for any number of family and medical reasons for up to twelve workweeks within a twelve-month period. During this time, their employer must continue to provide group health insurance coverage “under the same terms and conditions as if the employee had not taken the leave.” In other words, this federal law ensures that workers can take time away from work to focus on their health or families without worrying about losing their jobs or health insurance benefits.

When employers violate these laws—whether by interfering with an employee’s ability to take leave, retaliating against them, or failing to comply with their obligations—they can face serious sanctions and penalties. If you have reason to believe that your employer violated FMLA rights, it’s worth discussing your concerns with a dedicated and experienced Rhode Island employment law attorney as soon as possible.

This blog post highlights not only some of the most important employee rights under the Family and Medical Leave Act and some of the steps you can take to report any FMLA violations by employers, but also the potential legal and financial consequences for employers who violate these rights.

Recognizing FMLA Employee Rights and Legal Protections

The purpose of the FMLA is to shield employees from losing their jobs or experiencing other acts of retaliation or discrimination when they need to take unpaid leave to care for themselves or their family members. According to the U.S. Department of Labor, under the FMLA, employees are entitled to:

1. Unpaid Leave: Up to 12 weeks of unpaid leave per year for specific family or medical reasons, with up to 26 weeks to care for a service member with a serious injury or illness.
2. Health Insurance Continuation: Maintenance of group health benefits under the same terms as if the employee were working.
3. Job Reinstatement: Return to the same or an equivalent job upon completing leave.

 

In order to qualify for FMLA leave, an employee must:

• Work for a covered employer (50 or more employees within 75 miles of the worksite);
• Have worked at least 1,250 hours during the 12 months before the start of leave; and,
• Have been employed for at least 12 months (not necessarily consecutively).

 

Eligible employees may take FMLA leave for various reasons, including:

• The birth of a child or to bond with a newborn;
• The placement of a child for adoption or foster care;
• Caring for a spouse, child, or parent with a serious health condition;
• Recovering from their own serious health condition; or,
• Certain qualifying exigencies related to a family member’s active-duty military service.

 

It’s also important to understand that the FMLA allows eligible employees to take up to 26 workweeks of unpaid leave within a 12 month period to care for a service member with a serious injury or illness.

If you have questions about your FMLA eligibility, or you have concerns about your employer denying your FMLA request, consider enlisting the guidance and support of a trusted and caring employment law attorney for the customized legal assistance you deserve.

Were Your FMLA Rights Violated By Your Employer?

The FMLA prohibits employers from retaliating or discriminating against employees who qualify for unpaid leave and take time away from work while adhering to all of the guidelines and rules. Essentially, “employers are prohibited from interfering with, restraining, or denying the exercise of, or the attempt to exercise, any FMLA right.” Further, employers are “prohibited from discriminating or retaliating against an employee or prospective employee for having exercised or attempting to exercise any FMLA right.” Examples of unlawful FMLA violations by employers include:

• Interference: Denying or delaying FMLA leave without valid justification.
• Retaliation: Terminating or demoting an employee for taking or requesting FMLA leave.
• Misclassification: Misclassifying employees as ineligible for FMLA protections (e.g., labeling them independent contractors).
• Manipulative Tactics: Transferring employees to avoid meeting the 50-employee threshold or altering work schedules to disqualify them from eligibility.
• Failure to Reinstate: Refusing to return an employee to their position after leave.
• Other Discriminatory or Retaliatory Acts: Employers cannot use the employee’s FMLA leave to negatively impact employment actions (e.g., hiring, promotions, or disciplinary actions).

 

Even if you are not certain that your employer violated your FMLA rights, you have the right to discuss your concerns with a highly qualified and experienced employment law attorney to determine whether you are entitled to seek legal recourse.

Sanctions for Employers Who Violate FMLA Rights

Employers who violate the FMLA can face legal and financial consequences. These sanctions are designed to compensate employees for harm suffered and to deter employers from unlawful conduct.

1. Financial Compensation for Employees

• Lost Wages and Benefits: Employers may be required to pay employees for wages and benefits lost due to the violation, such as wages for time missed due to wrongful termination.
• Interest on Damages: Employers must pay interest on any lost wages or benefits owed to the employee.

2. Liquidated Damages

In addition to actual damages, employers are often required to pay liquidated damages equal to the amount of lost wages and benefits. This effectively doubles the financial penalty unless the employer can prove the violation was made in good faith and based on reasonable grounds.

3. Reinstatement and Equitable Relief

Courts may order employers to:

• Reinstate the employee to their original or an equivalent position;
• Grant promotions or opportunities wrongfully denied; or,
• Take other corrective actions to make the employee whole.

4. Attorney’s Fees and Legal Costs

If an employer is found to have violated the FMLA, they may be required to pay the employee’s attorney’s fees and court costs, increasing the overall cost of the violation.

5. Civil Penalties

The U.S. Department of Labor (DOL) can impose civil penalties on employers for willful violations, such as failing to post required FMLA notices. For example, an employer could be fined per violation for failing to inform employees of their FMLA rights.

What to Do If You Suspect Your Employer Violated Your FMLA Rights

If your employer interfered with your ability to take FMLA leave, retaliated against you, or otherwise failed to comply with their obligations, here are some of the steps you can take:

1. Document the Violation: Keep a record of communications with your employer and note any adverse actions taken against you.
2. File a Complaint with the DOL: You can report FMLA violations to the Wage and Hour Division of the DOL, which enforces FMLA compliance.
3. Consult an Attorney: Speak with an experienced Rhode Island employment law attorney to evaluate your options and pursue compensation or other remedies.

Learn More About Your FMLA Rights Today

Whether your employer has denied you a promotion or terminated your employment because you used your FMLA leave according to all the requirements, you are entitled to explore your legal options with a trusted and experienced employment law attorney. The caring legal team at Sinapi Law Associates, Ltd., is ready to assess the details of your case and identify the most strategic path forward. Should we find evidence of FMLA violations by your employer, we will help you take action against your employer to ensure that you are restored to your former position, awarded the promotion you deserve, or compensated appropriately.

The dedicated and experienced legal team at Sinapi Law Associates, Ltd., proudly champions the rights of employees and protects civil liberties with unwavering commitment. If you are struggling with an employment-related issue or you believe that you’ve experienced workplace discrimination or illegal treatment, give our Warwick, Rhode Island office a call today at (401) 739-9690 to get started.