When you take time off of work to care for your health or a family member’s, you expect your job to be protected. That’s the promise behind the Family and Medical Leave Act (FMLA). But what happens when your employer does not follow the law?
At 1818, we’ve seen countless FMLA violations by employers across Chicago and throughout Illinois. Whether it’s subtle retaliation or outright termination, FMLA abuse is more common than many workers realize, and the consequences can be devastating.
If you believe your rights under FMLA have been violated, this article will help you identify the signs and understand what to do next.
What is the FMLA?
The FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for certain qualifying reasons, such as:
- A serious health condition
- Caring for a spouse, child, or parent with a serious health condition
- Childbirth or adoption
- Certain military-related leave
To qualify, you must have worked for your employer for at least 12 months and have 1,250 hours of service during the previous year. Your employer must also have 50 or more employees within a 75-mile radius.
5 Common Examples of FMLA Violations by Employers
Understanding what an FMLA violation looks like is the first step toward protecting your rights. Here are five of the most common violations we encounter at 1818.
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Denying Your FMLA Request Without a Valid Reason
Some employers simply say no, often without giving a reason. But if you are eligible and your medical or family circumstances qualify, they cannot legally deny your request.
Red flags:
- Telling you “we don’t do FMLA here”
- Denying leave because “we’re too short-staffed right now”
- Rejecting your medical certification without explanation
If you met the eligibility requirements and submitted proper documentation, your employer cannot arbitrarily deny your FMLA request.
If they do deny it without a valid reason, that’s a violation of your rights. The law protects you from this kind of unlawful denial. If you suspect your request was wrongfully rejected, you should ask for the reason in writing and keep copies of all communications. This can help you challenge the decision and hold your employer accountable.
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Firing or Demoting You While You Are on Leave
Your job is protected while you are on approved FMLA leave. That means your employer cannot use your absence against you, whether through demotion, disciplinary action, or termination.
Unfortunately, some employers try to disguise retaliation with vague excuses like “restructuring” or “performance issues.”
What it looks like:
- You return from leave to find your role has been eliminated
- Your responsibilities have been reassigned to someone else
- You are suddenly given poor performance reviews after requesting leave
If the timing seems suspicious, it probably is. An experienced FMLA attorney can help uncover the real motive behind these actions.
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Failing to Restore You to the Same or Equivalent Position
Under the FMLA, your employer must return you to the same position you had before your leave—or one that is substantially equivalent in terms of pay, duties, benefits, and status.
That means they cannot:
- Cut your hours
- Move you to a lower-paying position
- Change your title or reduce your responsibilities
- Shift your work location in a way that significantly disrupts your commute
If you are being treated differently when you return, it may be a sign your employer is violating the FMLA.
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Discouraging You from Taking FMLA Leave
This one can be subtle. Some employers do not deny the leave outright, but they make it so uncomfortable to ask that you feel like you have no choice but to keep working. They might subtly remind you of deadlines, hint that your workload will pile up, or imply that your commitment to the team will be questioned if you take time off. Sometimes, they single you out in meetings or send emails that make you feel guilty for even bringing up FMLA leave. These tactics are designed to wear you down and make you second-guess your rights.
You might hear things like:
- “This isn’t a good time for you to be away”
- “You’ll fall behind if you take that much time off”
- “You’re really going to leave us hanging?”
This type of pressure is illegal. You have the right to take FMLA leave without fear, guilt, or retaliation.
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Counting FMLA Leave Against You
Another common tactic is to indirectly punish employees for taking protected leave.
Examples include:
- Using FMLA absences to justify poor performance ratings
- Denying promotions or bonuses because of “attendance issues”
- Penalizing you under a company’s point-based attendance system
FMLA leave is protected—that means it cannot legally be held against you in any way.
What to Do If You Suspect an FMLA Violation
Recognizing that something feels wrong is the first step. The next is taking action to protect yourself.
Here is what you should do if you believe your employer has violated your FMLA rights:
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Document Everything
Keep records of:
- Your leave requests and approvals
- Medical documentation and communication
- Emails, texts, or voicemails from HR or supervisors
- Notes on conversations, especially if they felt threatening or retaliatory
The more detailed your records, the stronger your case will be.
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File a Complaint Internally
Sometimes the HR department may not be aware of what a supervisor is doing. Filing a written complaint can give your employer the chance to correct the issue.
Make sure your complaint is:
- Clear and factual
- Focused on FMLA-specific rights
- Delivered in writing
This step is not always required, but it shows that you tried to resolve the issue in good faith. It can also save you time and frustration if HR can help easily fix the situation.
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Contact an FMLA Attorney in Chicago
At 1818, we focus on holding employers accountable for violations of workplace rights—including FMLA.
We can help you:
- Evaluate whether a violation occurred
- Calculate your financial and professional damages
- Communicate with your employer or file a formal complaint
- Pursue legal action in state or federal court if needed
You may be entitled to compensation for lost wages, benefits, emotional distress, and legal fees.
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Consider Filing a Complaint with the Department of Labor
You can also file an FMLA complaint with the Wage and Hour Division of the U.S. Department of Labor.
However, having an attorney represent your interests may lead to better outcomes—especially if the violation resulted in serious losses or termination.
You Do Not Have to Tolerate FMLA Violations
You should never have to choose between your health and your job. If your employer has denied, delayed, or retaliated against you for taking FMLA leave, that is not just unfair—it may be illegal.
At 1818, we advocate for employees across Chicago who have been wronged by their employers. If you have experienced any of the FMLA violations outlined above, we are ready to help.
Take the first step today. Visit 1818legal.com to schedule a confidential consultation.
