Needing time away from work is not something that all employees feel at ease about. Some Michigan workers may worry that their employer will not understand their need for time off and that they could lose their job or face other negative repercussions. If an employee qualifies for leave under the Family and Medical Leave Act, his or her job should be secure from such consequences. However, if an employer violates the FMLA, a worker could suffer.
To qualify for leave under the FMLA, the worker must meet one of the following criteria:
- Needing leave for a personal medical condition
- Taking leave to provide care for a family member with a serious medical condition
- Welcoming a child into the family through birth, fostering or adoption
Additionally, the worker must also hold a position at a public agency, qualifying primary or secondary school, or at a company with at least 50 employees who work within 75 miles of the company’s location. Though the FMLA protects qualifying workers from being fired, some workers could face retaliation from their employers. Fortunately, if a worker believes that a violation has occurred, he or she may be able to take steps to formally address the matter.
Michigan employees who believe that their rights under the FMLA may have been violated could first file a complaint with the Wage and Hour Division of the Department of Labor. Of course, it may not always be clear where to go from there. It may prove useful to concerned workers to discuss the issue with experienced employment law attorneys who could help them assess their specific situation and determine possible courses of action.