Medical leave refers to an employee taking a leave of absence from employment due to a medical illness or condition, pregnancy, or other similar issues. Medical leave is governed by the Family and Medical Leave Act of 1993, or “FMLA.” As a federal law, FMLA supplies all qualified workers with up to twelve weeks of unpaid medical leave.
The Act expresses that employers who are mandated to adhere to the Act maintain the health benefits and job position of workers on leave as if they were still actively working. Accordingly, workers on medical leave are protected by the Act and can eventually return to their position.
The Family and Medical Leave Act preempts state laws as federal law. Even if federal and state law conflicts, employees who work in states that offer little to no family and medical leave may be shielded by the FMLA.
Some states have their own paid leave laws that deliver more coverage, depending on the health or medical circumstances. Still, most states do not supply any more leave than required by federal law and rely on FMLA provisions.
It is essential to mention that not all employers must provide the benefits required by the FMLA.
Eligible employers must meet one of the following benchmarks:
- The employer is a state, local, or federal governmental agency;
- The employer is a private business that does interstate commerce and has 50 or more workers that work 20 or more weeks in a single year; or
- The employer engages in commerce or is part of an industry that affects commerce.
Almost every company meets the criteria of engaging in commerce or being part of an industry that affects commerce. But, for example, companies that use seasonal employees, like Christmas tree lots or ranches, may not satisfy the condition of 50 or more employees that work 20 or more weeks/year.
What Are Some of the Most Common Disputes Related to Medical Leave?
Conflicts over an employee taking medical leave often emerge when an employer disagrees with the worker’s absence. This is because sometimes, the employer does not think the worker is eligible for protection under the Family and Medical Leave Act.
To be eligible for the FMLA, the employee must meet all three of the following criteria:
- The employee must have worked for the employer for the last twelve months;
- Over the last twelve months, the employee must have worked at least 1,250 hours; and
- The employer must be covered under the Family and Medical Leave Act.
Qualifying life events that could trigger FMLA include:
- The birth and sustenance of a newborn child;
- The placement of an adopted or fostered child that was placed within one year since applying for leave;
- Caring for an immediate family member with a serious health condition;
- The employee has a serious health condition that renders them unable to perform functions of their job;
- Pregnancy or prenatal care; or
- The employee’s spouse, child, or parent is an active military member or called into active duty.
Other than arguments over whether the employer or worker is qualified for leave, typical quarrels concerning medical leave include:
- Wrongful termination, as in the worker was wrongfully terminated during their leave;
- Problems with back pay or withheld wages, if the worker was actually eligible for said wages;
- Deceitful filing, such as faking a medical condition to obtain medical leave fraudulently; and
- Accounting infractions, such as tax or record-keeping fraud.
Some altercations concerning medical leave overlap with interconnected issues, such as maternity leave or bereavement leave.
Are There Any Legal Remedies for Medical Leave Disputes?
Employers who violate the Family and Medical Leave Act may do so unintentionally. However, their actions could still leave them vulnerable to legal action, such as a civil lawsuit.
Some of the most common FMLA violations employers may perpetrate include:
- Failing to inform workers of their FMLA status and eligibility;
- Demanding an unreasonable amount of documentation related to an employee’s FMLA claim;
- Mishandling the employee’s leave, such as excessively contacting the worker about work-related issues during their leave;
- Not permitting the worker to take the full twelve weeks authorized by the FMLA; and
- Failing to reinstate the worker to their former position upon returning from leave.
Lawsuits for FMLA infringements could require a considerable amount of examination into the procedures and work guidelines of the employer. Pending the investigation results, the employer may be required to rework their existing medical leave policies to conform to federal and state leave laws. Infringed workers may be entitled to a damages award if they have suffered lost wages or benefits or if they have been wrongfully terminated from their position while on leave.
Which Employers Are Covered by the FMLA, the ADA, and Title VII?
The FMLA covers private employers with 50 or more employees. The Americans with Disabilities Act (ADA) and Title VII cover private employers with 15 or more employees. Therefore, only those private employers with 50 or more employees are covered together by the FMLA, the ADA, and Title VII.
State and local government employers are covered by the ADA and the FMLA, regardless of the number of employees. State and local government employers are covered by Title VII; however, only if they have 15 or more workers.
Are All Employees Who Title VII or the ADA Protects Also Entitled to Leave Under the FMLA?
No. Employees protected by Title VII or the ADA must be independently “eligible” for FMLA leave. “Eligibility” for FMLA leave depends on several facets, for example, length of service. In addition, an individual must be employed by an FMLA-covered employer with 50 or more employees to obtain FMLA leave.
What Is a “Serious Health Condition” Under the FMLA?
An FMLA “serious health condition” is “an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a healthcare provider.
Is an FMLA “Serious Health Condition” the Same as an ADA “Disability”?
No. An FMLA “serious health condition” is not necessarily an ADA “disability.” An ADA “disability” is an impairment that substantially restricts one or more significant life activities, a record of such an impairment, or being regarded as having such an impairment.
Some FMLA “serious health conditions” may be ADA disabilities. For example, most cancers and other “serious health conditions” may not be ADA disabilities. A pregnancy or a routine broken leg or hernia might not, either. This is because the condition is not an impairment (e.g., pregnancy), or because the impairment is not substantially limiting (e.g., a routine broken leg or hernia).
Do I Need an Attorney for Medical Leave Disputes?
Suppose you have been denied wrongful FMLA leave, or your employer has otherwise violated your FMLA rights. In that case, you should consult with a skilled and knowledgeable employment law attorney.
An experienced employment law attorney can help determine whether you or your employer were actually eligible for FMLA leave and if a violation occurred. An attorney can also provide you guidance as to your best course of legal action, given the specific facts of your case. Finally, an attorney can initiate a lawsuit on your behalf and represent you in court as needed. Use LegalMatch to find the right lawyer for your case today.
