FMLA Violations — Fight Back!

FMLA violations violate federal statutes — The Family and Medical Leave Act of 1990 allows an employee to take time off from work to take care of themselves or a family member for up to 12 weeks. FMLA violations can occur when an employer refuses to permit an employee to take the unpaid leave of absence.

Court Case in Progress

An ex- firefighter, Michael Cunningham, is suing his Kentucky-based fire department for wrongful termination due to his request to take medical leave and his initiation of a worker’s comp case. Cunningham claims that his employer, located in Lynnview, Kentucky, wrongfully terminated him and took part in FMLA violations after he suffered an injury on the job. Upon his termination, Cunningham requested a formal hearing, but was never given one. His employer claimed that he was discharged for poor work performance and denies any wrongdoing. The ex-employee seeks to be reinstated to his position.

The Law

FMLA violations can take place if an employer with more than 50 workers refuses to let an employee with at least 1,250 hours worked. However, a worker cannot include hours that have accumulated from vacation, sick leave or holidays in order to satisfy the requirement.

FMLA violations can also occur if the employer does not allow a worker to have a leave of absence due to a recent childbirth or adoption. Under, the FMLA, employees have the right to look after their health and their family.

If you are being subjected to FMLA violations, then you should contact Shegerian & Associates right away!