FMLA Claims: How to Protect Your Job During Medical Leave

The Family and Medical Leave Act (FMLA) is a crucial part of employment law that protects workers who need time off due to serious health conditions, whether for themselves or their immediate family members. 

Attorney Raymond Lampert at Lampert Law Office, LLC helps individuals in Springfield, Missouri, throughout Southwest Missouri with employment law challenges, including FMLA disputes. Attorney Lampert works closely with employees to protect their rights during medical leave and guide them through the steps necessary to safeguard their jobs.

Qualifying for Leave

Before filing a claim or requesting leave, it’s important to know whether you qualify under FMLA. Understanding the eligibility rules can help prevent confusion and strengthen your case if any problems arise with your employer.

Eligibility Criteria

FMLA applies only to employees who meet specific requirements. To qualify, you must work for a covered employer that has at least 50 employees within a 75-mile radius. You must have worked for your employer for at least 12 months, and you must have completed at least 1,250 hours of service during the past 12 months. 

Reasons for Taking Leave

After confirming eligibility, you must also have a qualifying reason to take FMLA leave.

The law covers several situations, including serious health conditions that prevent you from working, caring for a spouse, child, or parent with a serious medical condition, welcoming a new child through birth, adoption, or foster placement, and handling certain family-related military responsibilities. 

Intermittent Leave and Reduced Schedules

Sometimes, medical conditions or family needs don’t require extended, continuous time away from work. In these cases, intermittent leave or a reduced schedule may be an option. Employment law supports these flexible arrangements when medically necessary, though you may need to work with your employer to plan an appropriate schedule.

This flexibility can help employees balance treatment, recovery, and work without compromising their job protections.

Employer Obligations

Once an employee qualifies and requests FMLA leave, the employer has several responsibilities under employment law. Knowing what your employer is required to do can help you recognize when your rights are being respected—or violated.

Job-Protected Leave

Employers must provide eligible employees with up to 12 weeks of unpaid leave per year. This leave must be job-protected, which means you’re entitled to return to the same or an equivalent position. Job protection is the core of FMLA and gives employees the confidence to take leave when they need it most.

Continued Health Insurance

Employment law also requires employers to maintain group health insurance during FMLA leave. Your coverage should continue just as if you were still working, with no increase in premiums or changes in coverage. This protection helps employees focus on their health or family without worrying about losing insurance.

Proper Leave Designation

When an employer learns that leave may qualify for FMLA protections, they must notify the employee within five business days whether the leave will be designated as FMLA leave. Timely notice prevents misunderstandings and helps employees plan for their absence with clarity.

Prohibition on Retaliation

One of the most important protections under FMLA is the prohibition against retaliation. Employers can’t punish, fire, or demote employees for requesting or using FMLA leave. Employment law holds employers accountable for treating employees fairly when they exercise their legal rights.

Employee Responsibilities

While employers have specific obligations, employees also have duties when requesting FMLA leave. Being aware of these responsibilities can help employees avoid delays and protect their rights throughout the leave process.

Giving Notice

Employees must provide notice of the need for leave as early as possible. When the leave is foreseeable, at least 30 days' notice is required. In emergencies or unexpected situations, notice should be given as soon as possible. Written notice can be especially helpful to create a clear record.

Medical Certification

Employers may require employees to submit a medical certification supporting the need for leave. Employment law allows employers to ask for this verification, but employees must be given at least 15 calendar days to return the completed form. Accurate and timely certification can prevent unnecessary delays or disputes.

Using Paid Leave

While FMLA leave is unpaid, employers may require employees to use their available paid leave—such as sick time or vacation—at the same time. This can help employees continue receiving pay during their time off, though the protections of FMLA still apply.

Job Protection After Leave

When FMLA leave ends, employment law gives employees the right to return to their job or an equivalent role. Working with an experienced employment attorney will help you understand what this means and  spot any potential violations.

Returning to the Same or an Equivalent Job

Employers must restore employees to their former position or a nearly identical one in terms of pay, benefits, work schedule, and job duties. This requirement prevents employers from moving employees into less favorable roles simply because they took leave.

Exception for Layoffs

There are limited situations where reinstatement isn’t required. If the position would have been eliminated regardless of FMLA leave, the employer may not need to restore the employee. However, the employer must prove that the decision was unrelated to the leave request.

Special Rules for Key Employees

Certain highly paid or critical employees, known as key employees, may not have the same reinstatement rights if restoring them would cause significant harm to the business. Employers must provide written notice if this exception applies.

Fitness-for-Duty Certification

Employers may request a fitness-for-duty certification before allowing an employee to return to work. This is allowed under employment law if the requirement is part of a consistent company policy applied to similar employees.

Common FMLA Violations

Unfortunately, not all employers follow the rules. Recognizing common FMLA violations can help you act quickly if your rights aren’t being respected.

Some examples include:

• Refusing to approve leave for eligible employees.

• Pressuring employees to avoid taking leave.

• Using FMLA leave as a negative factor in job evaluations or disciplinary actions.

• Failing to properly notify employees that their leave qualifies as FMLA leave.

• Denying job restoration or returning employees to lower-paying positions.

The U.S. Department of Labor confirms that using FMLA leave as a negative factor in employment decisions is a clear violation of federal law (dol.gov).

Legal Remedies and Protections

When FMLA rights are violated, employment law offers clear paths to address the issue. Taking the right steps can help employees secure the remedies they’re entitled to.

Filing a Complaint

Employees can file a complaint with the Wage and Hour Division of the U.S. Department of Labor. The agency will investigate the complaint and may take action against the employer if violations are found. Filing a complaint can lead to corrections and compensation.

Private Lawsuits

In addition to filing a government complaint, employees can also bring a private lawsuit to recover lost wages, benefits, or other damages resulting from FMLA violations. Attorney Raymond Lampert works with individuals across Springfield, Missouri, and Southwest Missouri to help them pursue these claims under employment law.

FMLA and Employment Law in Springfield, Missouri

While FMLA is a federal law, it applies directly to workplaces in Springfield, Missouri, and throughout Southwest Missouri. This includes Greene County, Christian County, and surrounding areas. Some local employers may offer additional leave benefits, but they can’t reduce or override FMLA protections.

Attorney Raymond Lampert has worked with many employees in Springfield, Missouri, and the surrounding communities. Whether you’re applying for leave, facing pushback from your employer, or dealing with unfair treatment after returning, Attorney Lampert is prepared to help you defend your rights under employment law.

Building an FMLA Case

If you believe your FMLA rights have been violated, gathering the right information and taking thoughtful steps can strengthen your case under employment law.

Keep Detailed Records

Save emails, letters, and other communications between you and your employer regarding your leave. Maintain copies of medical certifications, notices, and return-to-work documents. Detailed records can provide essential support if you need to challenge your employer's actions later.

Look for Patterns

If your employer treats you differently after taking leave, such as reducing your responsibilities or assigning less favorable tasks, this could signal a violation. Document these changes carefully.

Review Company Policies

Check whether your employer applies its policies consistently across all employees. If you are disciplined or treated unfairly in ways that others aren’t, this may help support your case.

Attorney Raymond Lampert can assist you in reviewing your situation, building a strong claim, and moving forward under employment law.

Preparing for Leave

Planning carefully for FMLA leave can help you stay protected and reduce the chances of problems with your employer.

Provide Timely Notice

When possible, provide written notice at least 30 days before your leave begins. If emergencies arise, notify your employer promptly through phone, email, or in person.

Submit Medical Certification

Accurate and complete medical certifications should be submitted within 15 calendar days unless more time is granted. Using the correct forms provided by your employer or the U.S. Department of Labor can help avoid delays.

Stay in Communication

Keeping your employer updated during your leave, especially if your return date changes, can help maintain a positive relationship and reduce the risk of misunderstandings.

Plan for Returning

Before returning to work, check whether your employer requires a fitness-for-duty certification and confirm your return date. Careful preparation can help you step back into your role confidently.

Local Support for FMLA Claims

For employees in Springfield, Missouri, and surrounding communities, local offices of the Wage and Hour Division of the U.S. Department of Labor can provide information and investigate potential violations.

Contact Us Today

Attorney Raymond Lampert can help you protect your job under employment law, pursue FMLA claims, and address any workplace retaliation. He works with clients across Southwest Missouri, Greene County, Christian County, Springfield, Joplin, Branson, Carthage, Neosho, Monett, Ozark, Republic, Lamar, and Ridgedale. Contact us today.