FMLA and termination: Did I really run out of time or is my employer wrong?

The Family and Medical Leave Act (FMLA) is a law that gives eligible employees up to 12 weeks of leave for specified family and medical reasons. However, some misunderstandings and misapplications of FMLA rules by employers can lead to wrongful termination when an employee exhausts their FMLA leave. How is FMLA leave calculated? Most employers provide the standard 480 hours of FMLA leave, assuming a typical 40-hour workweek. However, this does not apply universally to all employment situations. There are situations when an employee may actually qualify for additional time. One common example of this exception involves working longer than a typical 40-hour week. The law may entitle employees with longer or irregular workweeks to more than 480 hours. As noted by the Department of Labor, a worker who typically works a 50 hour week likely qualifies for 600 hours of FMLA. Do I have a claim if my employer terminates my position after FMLA leave? Employees terminated after exhausting their FMLA leave might have legal claims against their employer. Three scenarios that could support moving forward with a claim include: Insufficient leave: If an employee was entitled to more than 480 hours of leave and the employer states the termination was connected to allegations the employee took too much leave. Discrimination: If the termination was based on the employee’s use of FMLA leave or if the employer treated similarly situated employees differently. Retaliation: If the termination was in response to the employee exercising their FMLA rights. Employees who believe their employer violated the FMLA are wise to gain a basic understanding of the specifics of FMLA leave entitlement. Employees who believe their employer wrongfully terminated their position after running out of FMLA leave might have a viable claim against their employer. It is a good idea for both employees and employers to consult with legal professionals to help better ensure compliance with FMLA regulations and to understand their rights and obligations under the law.The post FMLA and termination: Did I really run out of time or is my employer wrong? first appeared on Mezibov Butler.