Your Rights: What Employers Cannot Do During FMLA

Introduction

FMLA doesn't just give you time off—it comes with serious protections. Your employer has legal obligations before, during, and after your leave. Here's what they **cannot** do.

Your Core FMLA Rights

### 1. Job Protection Your employer must restore you to: - Your **same position**, OR - An **equivalent position** with equal pay, benefits, and responsibilities

They cannot demote you, reassign you to a lesser role, or eliminate your position specifically because you took leave.

### 2. Continued Health Insurance During your leave, your employer must maintain your group health coverage under the **same conditions** as if you were still working. This means: - Same premium sharing - Same coverage level - No gaps in coverage

### 3. Protection from Retaliation Your employer **cannot**: - Terminate you for taking FMLA leave - Deny you a promotion because you took leave - Give you a negative performance review based on your leave - Reduce your hours or pay when you return - Use FMLA leave as a "point" in an attendance policy

What Employers CAN Do

FMLA isn't unlimited protection. Employers can:

• **Require medical certification** (and recertification for extended leave)
• **Require you to use PTO concurrently** with FMLA (if they have a written policy)
• **Contact your doctor** for clarification (through HR only, not your direct manager)
• **Deny leave** if you're not eligible or don't follow proper procedures
• **Lay you off** if the layoff would have happened regardless of your leave

Warning Signs of FMLA Violations

Watch for these red flags:

• Your manager makes comments like "We can't count on you anymore"
• You're written up for absences that were approved FMLA leave
• Your duties are given to others without explanation
• You're offered a "settlement" to resign quietly
• Your return-to-work date keeps getting extended by the employer

What to Do If Your Rights Are Violated

### Step 1: Document Everything Keep copies of: - All leave requests and approvals - Emails and written communications - Witness names and dates - Your job description before and after leave

### Step 2: Use Internal Channels Start with HR. Sometimes violations are mistakes, not intentional.

### Step 3: File a Complaint You can file a complaint with the **U.S. Department of Labor, Wage and Hour Division**. There's no fee, and retaliation for filing is also illegal.

### Step 4: Consult an Attorney For serious violations, an employment attorney can advise on legal action. Many take FMLA cases on contingency.

Conclusion

FMLA is a powerful protection—but only if you know your rights. Document your leave, follow proper procedures, and don't tolerate retaliation. You've earned this protection.

*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Consult with a qualified employment attorney or your HR department for guidance specific to your circumstances. If you believe your rights have been violated, consult with an employment attorney.*