The Family Medical Leave Act (the “FMLA”), passed by Congress and signed by the President in 1993, was the first national family and medical leave legislation in the United States. Prior to the enactment of the FMLA, employees may have had access to medical leave as the result of collective-bargaining agreements, employer policies, or state statutes, but such coverage was typically not as broad as coverage provided under the FMLA. Moreover, a large number of U.S. citizens completely lacked the ability to obtain medical leave prior to the enactment of the FMLA.

The FMLA requires certain employers with 50 or more employees to provide up to 12 weeks of unpaid, job-protected leave per year to eligible employees who experience particular family or medical difficulties. For example, an employee who has a serious health condition may be entitled to obtain unpaid leave without having to worry about being fired. After returning to work the employee must be placed back in the same or equivalent position.

Employers are prohibited from interfering with, or denying, an employee’s right to take leave under the FMLA. Indeed, violations of the FMLA by an employer come with heavy consequences. Either an affected employee or the Department of Labor may be bring a lawsuit against the employer to recover damages equal to the value of any wages, salary, or benefits denied or lost to the employee because of the violation. Alternatively, if no wages, salary, or benefits were lost or denied to the employee, the employer may be liable for the employee’s expenses that occurred as a result of the violation, such as the cost of providing care, up to a limit of 12 weeks of wages or salary.

The damages recoverable by an employee or the Department of Labor under the FMLA may be further increased under the statute’s liquidated damages provision, which provides an additional amount of damages equal to the base amount of damages. This effectively doubles the employer’s potential liability. However, if the employer is able to satisfy a court that the FMLA violation was in good faith and that the employer had a reasonable basis for believing that it was not violating the FMLA, the court may disallow liquidated damages.

It is important to note that the federal regulations, agency interpretations, and court opinions construing FMLA leave are numerous and complex. The above summary of the FMLA cannot possibly address all the nuances of the law. If you have any question about whether an employee is entitled to FMLA leave in any particular instance, contact an attorney who practices employment law.

The information provided in this article does not create or constitute an attorney-client relationship, is not intended to convey or constitute legal advice, and is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.

For more valuable information about employment law issues faced by businesses and professionals, please visit the Business Litigation Update.

Author: M. Stamp
Article Source: EzineArticles.com
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