What Are Some Grounds on Which to File a Family Medical Leave Act Lawsuit?


Quick Answer

As of 2015, grounds for a lawsuit under the provisions of the Family Medical Leave Act include an employer's refusal to give an employee time off or a reduced workload, and any retaliatory action against an employee who utilizes the act to take a leave from work, according to The Wall Street Journal. An employee must prove that an employer interrupted or disallowed an authorized leave.

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Full Answer

The Family Medical Leave Act guarantees workers up to 12 weeks a year of unpaid leave for family and medical issues, explains The Wall Street Journal. The law forbids discriminatory actions, such as the denial of a raise or a promotion, against workers who exercise their rights under the act. Punitive damages are not allowed in Family Medical Leave Act lawsuits, but employees may ask for compensation for lost wages or costs incurred while caring for family members. A court may double the amount of an award in a successful suit.

Employees may seek unpaid leave for a personal health issue that affects their job performance, or to care for a family member who has a health issue, states Morgan & Morgan. Unpaid leave must be given to employees who are caring for a newborn or putting a child up for adoption. Employees may choose to substitute paid leave under certain circumstances. An employee's benefits and job status are not affected during time off, and must be continued intact when the employee returns to work. An employer may require advance notice, if possible, and medical documentation of an employee's fitness to return to work.

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