Medical Leave of Absence Lawsuits

A medical leave of absence allows an employee to leave work for a certain amount of time, due to a medical condition, and return to their same position without being penalized by their employer. Whether a medical leave of absence is paid or unpaid depends on the employer, as well as each state’s specific laws. Medical leave of absence is largely governed by the Family and Medical Leave Act (“FMLA”) of 1993.

The Family and Medical Leave Act is a federal labor law requiring covered employers to provide their employees with leave for qualified medical and family circumstances. The Act provides rights and protections for employees who must take a medical leave of absence, and may continue unpaid leave for up to twelve weeks. Additionally, the Act requires that covered employers preserve all eligible employee’s health benefits, so it will be as if they were actively working. Because the employee’s position is to be protected, they are not to be terminated.

Because the Act is a federal law, it preempts state laws even if those laws conflict. Some states may have laws providing more coverage than the Act, but most states do not provide more leave than what is required of them by federal law. Additionally, not all employers are required to provide the benefits as outlined by the FMLA.

An employer must provide eligible employees with FMLA coverage if the employer meets one of the following elements:

• They are a state, local, or federal government agency;
• They are a private business conducting interstate commerce, with fifty or more employees working twenty or more weeks in one year; or
• They engage in commerce, or an industry affecting commerce, which applies to nearly all businesses.

What Are Some Of The Most Common Legal Disputes Associated With Medical Leave Of Absence?

Disputes over an employee taking medical leave most often occur when an employer disagrees with the employee’s absence. An example of this would be if the employer does not believe that the employee is actually eligible for protections under the Family and Medical Leave Act.

In order to be eligible for the FMLA, the employee must meet all three of the following qualifying criteria:

• The employee must have worked for the employer for the past twelve months;
• Over the last twelve months, the employee must have worked at least 1,250 hours; and
• The employer themselves must be covered under the Family and Medical Leave Act.

Qualifying life events that could trigger FMLA include, but may not be limited to:

• The birth and care 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 who has a serious health condition;
• The employee has a serious health condition themselves that renders them unable to perform functions of their job;
• Pregnancy or prenatal care; and/or
• The employee’s spouse, child, or parent is an active military member or has been called into active duty.

Other than disputes over whether the employer or employee are covered by the FMLA, common disputes regarding medical leave include:

• Wrongful termination, such as when the employee was wrongfully terminated during their leave;
• Issues associated with back pay or withheld wages, if the employee was actually eligible for said wages;
• Fraudulent filing, such as faking a medical condition in order to fraudulently obtain medical leave; and
• Accounting violations, such as tax or record keeping fraud.

What Is A Medical Leave Of Absence Lawsuit?

Disputes associated with a medical leave of absence can sometimes be resolved within the company’s human resources department. If the matter is not resolved after exhausting all available administrative remedies, a complaint may be filed with the Wage and Hour Division (“WHD”) of the Department of Labor (“DOL”).

The Department of Labor will conduct an investigation into the practices and conduct of the employer, in order to determine whether they are able to bring the employer into compliance. If they are unable to bring the employer into compliance with the FMLA, or cannot remedy the issue, the employee may then file a civil lawsuit for the violation.

Some examples of serious issues involving a medical leave of absence include, but may not be limited to:

• Wrongful termination while on medical leave that is covered by the FMLA;
• Discrimination issues, such as denying rightful leave to an entire group of workers who all belong to a protected class;
• Punishing an employee with a demotion, or withholding a promotion because of their medical leave of absence;
• Denial of benefits due to a medical leave of absence;
• Intimidating or harassing an employee as a result of a medical leave request, or while the employee was away on leave; and
• Long term reduction or loss of wages as retaliation to an employee taking a medical leave.

In some states, employees are granted a set amount of time in which they must obtain a doctor’s note to explain why a medical leave of absence is necessary. If the employer were to threaten the employee with termination within the allowance, the employer could be liable for a violation of rights.

Are There Any Legal Remedies For Issues Associated With Medical Leave Of Absence?

Some of the most common FMLA violations employers commit include, but may not be limited to:

• Failing to notify employees of their FMLA status and eligibility;
• Requiring an excessive amount of documentation associated with an employee’s FMLA claim;
• Mismanaging the employee’s leave, such as excessively contacting the employee about work related matters during their leave;
• Not allowing the employee to take the full twelve weeks that are allowed by the FMLA; and
• Failing to reinstate the employee to their former position upon their return.

Claims for FMLA violations generally require a substantial amount of investigation into the practices and work policies of the employer. Pending the results of the investigation, the employer may be required to reevaluate their existing medical leave policies in order to conform to federal and state leave laws. Violated employees may be entitled to a damages award if they have suffered lost wages or benefits because of the violation, or if they have been wrongfully terminated from their position while on medical leave.

It is important to be aware of timing when filing a lawsuit involving a medical leave of absence. State laws differ in terms of how much time can pass before you will no longer be able to file a lawsuit. Generally, the statute of limitations is around two years. However, if your employer willfully and purposefully violated the law associated with a medical leave of absence, the statute of limitations is three years.

To reiterate, you will likely not be allowed to file a civil lawsuit until you have exhausted your human resources remedies, and the DOL has conducted an investigation. In order to help support your claim, you should gather and maintain all evidence that you can. Additionally, you should ensure that both you and your employer meet the criteria for FMLA eligibility before pursuing any action.

Do I Need A Lawyer For Medical Leave Of Absence Lawsuits?

If you are having any issues associated with medical leave of absence, you should consult with an employment attorney. An experienced employment attorney can help you understand your legal rights and options according to your state’s specific laws, and will also be able to represent you in court, as needed.