How the Family and Medical Leave Act protects worker rights

Workers have many protected rights established under federal law. The Fair Labor Standards Act (FLSA) created various wage regulations that apply to employers. Federal protections help protect workers from discrimination and harassment.

The Family and Medical Leave Act (FMLA) is also one of the most important federal laws that expands the protections of certain workers. For several decades, the FMLA has helped protect workers who experience challenging situations to maintain a viable work-life balance.

What rights does the FMLA extend to employees?

The right to take unpaid leave

The most important aspect of the FMLA is how it enshrines the right to take unpaid leave in certain situations. Currently, federal rules do not mandate paid leave for most employees. Workers in many circumstances may need time away from work but have little opportunity to take a leave of absence.

Under the FMLA, even workers who do not have any kind of sick leave or vacation time can arrange for a necessary absence from work. The FMLA protects the right to take up to 12 weeks of unpaid leave in certain situations. Workers with a qualifying work history at a large enough company can ask for leave to undergo medical care or recover from a medical challenge.

They can ask for leave to provide support for a direct family member who requires medical support. If that family member is an active-duty military service member, the leave permitted under the FMLA may expand to 26 weeks. The FMLA also applies after the birth of a child, foster placement or a successful adoption.

The right to be free from retaliation

The second important right reinforced by the FMLA is the right to be free from workplace retaliation. Employers should not punish workers who ask for leave by firing them after they make the request or when they return from their absence.

Additionally, employers should not demote workers or cut their wages because they need leave for medical reasons or family matters. The FMLA even creates an opportunity for workers to take legal action in circumstances where employers have blatantly violated the rules of the FMLA.

Employees who know their rights are in the best possible position to recognize violations of those rights. They can then potentially hold employers accountable by taking appropriate legal action. Filing a lawsuit after unfair retaliation related to FMLA leave can protect an affected worker and help remind employers of the importance of regulatory compliance.