The Family and Medical Leave Act (FMLA) gives eligible employees the right to take unpaid, job-protected leave for certain medical and family reasons. When employers deny leave, interfere with time off, or retaliate against employees for using FMLA, they may be violating federal law.
At Freeburn Law, we represent employees across Pennsylvania who are facing problems related to FMLA leave. Whether your request was denied, your job was changed after you returned, or you were terminated while on leave, our team can review your situation and explain your legal options.
What Is the Family and Medical Leave Act (FMLA)?
The FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid leave in a 12-month period for specific medical and family-related reasons. During approved FMLA leave, your employer must maintain your group health insurance coverage under the same terms as if you were still working.
When you return from FMLA leave, you are generally entitled to be restored to the same job or an equivalent position with similar pay, benefits, and responsibilities. Employers cannot legally punish you for exercising your FMLA rights.
Who Qualifies for FMLA Leave in Pennsylvania?
Not every employee automatically qualifies for FMLA protections. Eligibility depends on both the employer and the employee meeting certain requirements. To qualify for FMLA leave:
- Your employer must have at least 50 employees within a 75-mile radius.
- You must have worked for the employer for at least 12 months.
- You must have worked at least 1,250 hours during the 12 months before the leave begins.
If you meet these criteria, you may be entitled to protected leave under federal law. Even when employers believe an employee does not qualify, it is important to review the details carefully. Miscalculations and misunderstandings can lead to wrongful denials.
Reasons You Can Take FMLA Leave
The FMLA allows leave for several specific situations involving serious health conditions or family needs. Covered reasons include:
- Your own serious health condition prevents you from performing your job.
- Caring for a spouse, child, or parent with a serious health condition.
- The birth of a child and bonding time.
- Placement of a child through adoption or foster care.
- Certain needs related to a family member’s military service.
A serious health condition generally involves inpatient care or continuing treatment by a healthcare provider. Short-term illnesses like the common cold usually do not qualify, but chronic conditions and ongoing treatments often do.
Employer Obligations Under the FMLA
Employers have specific responsibilities once they are notified that an employee may need FMLA leave. They must provide required notices, evaluate eligibility, and designate qualifying leave as FMLA-protected. Employers are also prohibited from:
- Denying valid FMLA leave requests
- Discouraging employees from taking leave
- Interfering with the use of FMLA benefits
- Firing or disciplining employees for taking approved leave
When employers fail to follow these rules, they may be liable for damages. Even subtle pressure not to take leave can raise legal concerns.
FMLA Interference and Retaliation Claims
There are two primary types of FMLA violations, interference and retaliation.
FMLA interference occurs when an employer prevents or limits an employee from exercising FMLA rights. This can include denying qualifying leave, failing to restore the employee to the same or equivalent position, or misclassifying leave in a way that harms the employee.
FMLA retaliation involves punishing an employee for requesting or taking leave. Examples may include termination, demotion, pay reduction, or negative performance reviews that appear shortly after protected leave.
Freeburn Law can help to determine whether your employer’s actions amount to interference, retaliation, or both.
Job Restoration and Equivalent Positions
One of the most important protections under the FMLA is the right to return to your job. In most cases, an employer must restore you to the same position you held before leave began. If that exact position is no longer available, you must be placed in an equivalent role.
An equivalent position must have similar:
- Pay and benefits
- Work schedule
- Job duties and responsibilities
- Status and authority
If you return from leave and find that your role has been reduced, your hours have changed, or your pay has been lowered without a lawful reason, your employer may be violating the FMLA.
Medical Certifications and Employer Requests
Employers are allowed to request medical certification to support an FMLA leave request. This certification must come from a healthcare provider and confirm that the condition qualifies under the law.
While employers can request documentation, they cannot demand excessive medical details or create unnecessary obstacles. They also cannot contact your healthcare provider directly without following proper procedures. When employers misuse the certification process to delay or deny leave, legal action may be appropriate.
What Compensation Is Available If My Employer Violated FMLA?
If your employer violated the FMLA, you may be entitled to compensation. Remedies may include:
- Lost wages and benefits
- Reinstatement to your former position
- Payment for denied leave
- Liquidated damages in certain cases
- Attorney’s fees and court costs
The available remedies depend on the facts of your case and the impact of the violation. Our firm works to recover full compensation for employees whose rights were violated.
Deadlines for Filing an FMLA Claim
FMLA claims are subject to time limits. In most cases, an employee has two years from the date of the violation to file a claim. If the violation was willful, the deadline may extend to three years.
Acting promptly helps preserve evidence and strengthens your case. Employment disputes often depend on documentation and timelines, so early action can make a difference.
Pennsylvania FMLA Attorneys Serving Employees Statewide
Freeburn Law represents employees throughout Pennsylvania in FMLA leave disputes and retaliation claims. With offices in Harrisburg, York, Lewistown, Lancaster, Selinsgrove, Lebanon, Kingston, King of Prussia, Johnstown, and Pittsburgh, our team is positioned to assist workers across the state.
If your employer denied your medical leave, interfered with your rights, or took action against you after you requested time off, contact the employment law team at Freeburn Law for a confidential consultation. We are ready to review your situation and help you protect your job and your future.
