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Examples of FMLA discrimination

Are you familiar with the Family and Medical Leave Act? Here is a basic definition as provided by the United States Department of Labor: “The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.”

This sounds pretty cut and dry, right? Unfortunately, there is nothing simple about FMLA. Some employers do not have to abide by the law. In other cases, an employer is required to abide by the law; however, they decide against doing so for some reason.

The United States Department of Labor also shared common examples of FMLA discrimination:

— Attempting to talk an employee out of using FMLA leave.

— Refusing to authorize an eligible employee’s request for FMLA leave.

— Manipulating an employee’s hours to ensure that he or she is not eligible under the FMLA.

— Using an employee’s request of FMLA against them regarding hiring, promotions, termination or other employment-related actions.

As a worker, it is important to know the ins and outs of FMLA. The same holds true for company owners and human resource professionals.

The FMLA is in place to ensure that people are able to leave their job, for specified reasons, and then return under the same conditions. Over the years, this has helped many employees get through a tough time in their lives.

When people become victims of FMLA discrimination, they have the right to question their employers and learn more about the action they can take against them.

Source: United States Department of Labor, “Wage and Hour Division (WHD)” accessed Feb. 24, 2015

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