Employee Rights under FMLA:
It is unlawful for an employer to interfere with, restrain or deny the rights provided to eligible employees under the FMLA or to discharge or discriminate against any person for opposing any practice made unlawful by FMLA.1
An employer must:
- maintain the employees’ health coverage under any group health plan for the duration of their leave;
- generally restore the employees to their original or equivalent position with equivalent pay, benefits, and other employment terms upon their return; and
- not take away employees’ benefits accrued prior to the start of their leave.
In certain circumstances, an employer may refuse to reinstate a highly paid, key employee to her or his original job position after she or he takes FMLA leave, but the employer cannot deny them the leave.
Employers cannot use the taking of FMLA leave as a negative factor in actions such as hiring, promotions or disciplinary actions of employees.
FMLA leave cannot be counted under ‘no fault’ attendance policies.2
FMLA Posting Requirements:
Every employer covered by FMLA is required by law permanently to post information about the Act and how to file complaints of violations of the Act with the U.S. Department of Labor’s Wage and Hour Division. The posted information must be legible and placed in a conspicuous location where employees and applicants for employment can easily read it. At workplaces where there are a significant portion of employees who do not speak English, the employer must post the information in the language familiar to the employees.
Download the FMLA Poster
Download the FMLA Poster insert for Military Family Leave Amendments
Enforcement of FMLA:
FMLA is enforced by the U.S. Department of Labor. If you feel that your rights to FMLA leave have been denied, you can file a complaint with your local office of the U.S. Department of Labor, Wage and Hour Division. You may file a private civil lawsuit against an employer for violations. An employee is not required to file a complaint with the Wages and Hour Division first. Complaints and lawsuits must be filed within two years of the FMLA violation.3
The U.S. Department of Labor’s Wage and Hour Division provides comprehensive compliance assistance materials on the FMLA to ensure that both employees and employers understand the FMLA provisions and regulations.
An employer who purposely violates the FMLA posting requirements may receive a monetary penalty up to $100 per offense by the Wage and Hour Division.4
Return to the Family and Medical Leave Act Resource Page
1 “Your Rights under the Family and Medical Leave Act of 1993.” U.S. Department of Labor, WH Publication 1420, August 2001 (online poster).
2 “Family and Medical Leave Act Advisor.” U.S. Department of Labor. n.d. http://www.dol.gov/elaws/esa/fmla/faq.asp (13 March 2008).
3 "Enforcement.” U.S. Department of Labor. January 1995. http://www.dol.gov/esa/regs/compliance/whd/1421.htm (18 March 2008).
4 “29 CFR 825.300 – What posting requirements does the Act place on employers?” U.S. Department of Labor. January 1995. http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.300.htm (18 March 2008).
