Understanding Your FMLA Rights: A Guide for Employees
The Family and Medical Leave Act (FMLA) provides crucial protections for employees who need time off for serious health conditions. However, many workers don’t fully understand their rights or how to properly invoke these protections. A recent federal court case highlights important principles that every employee should know.
No Magic Words Required
One of the most important things to understand about FMLA is that you don’t need to use specific legal language when requesting leave. You don’t have to say “I’m requesting FMLA leave” or cite the law by name. Instead, you simply need to provide enough information for your employer to reasonably understand that you need leave for a serious health condition.
Acceptable ways to request FMLA leave include:
“I need to see a doctor for my condition”
“I have to go to the hospital”
“My medical condition is flaring up and I need time off”
“I need to seek medical treatment”
The key is providing sufficient detail so your employer can recognize that your absence may qualify for FMLA protection.
Timing Your Notice: “As Soon as Practicable”
For unpredictable medical conditions, the FMLA requires you to give notice “as soon as practicable.” This means as soon as reasonably possible under the circumstances. If you’re dealing with a sudden medical emergency or flare-up of a chronic condition, you’re not expected to provide advance notice.
What matters is that you notify your employer promptly once you’re able to do so, even if that means calling from the hospital or having someone else contact your workplace on your behalf.
Real-World Example: Walker v. SEPTA
A recent federal appeals court case illustrates these principles in action. A bus driver with sickle-cell anemia, who had previously been approved for FMLA leave, experienced a medical episode and called his dispatcher saying he “had to go to the hospital.” The dispatcher incorrectly recorded the reason as “no babysitter,” but the employee filed formal FMLA paperwork later that same day.
Despite the informal initial notice and the dispatcher’s error, the court ruled that the employee had provided adequate notice under FMLA regulations. The case demonstrates that:
Your initial notice doesn’t need to be perfect or use legal terminology
Employers cannot penalize you for taking FMLA-protected leave
Even informal communication can trigger FMLA protections if it conveys the necessary information
Protection from Attendance Policies
One critical protection under the FMLA is that employers cannot count approved FMLA leave against you under attendance policies. This means:
No-fault attendance systems cannot penalize FMLA absences
You cannot be disciplined or terminated for taking protected leave
Attendance points or similar negative consequences for FMLA leave are illegal
If your employer applies attendance penalties after approving your FMLA leave, this may constitute a violation of federal law.
Best Practices for Employees
To protect yourself and ensure your FMLA rights are respected:
1. Document Everything
Keep records of all communications about your leave requests
Save emails, text messages, and written notices
Document dates, times, and who you spoke with
2. Follow Up Promptly
Submit formal FMLA paperwork as soon as possible
Even if you give informal notice initially, complete the official process quickly
Don’t assume your employer will handle the paperwork automatically
3. Know Your Rights
Understand that you don’t need to use magic words
Remember that informal notice can be sufficient initially
Be aware that retroactive FMLA approval is possible for unforeseeable situations
4. Monitor Your Employer’s Response
Watch for any negative consequences applied to your attendance record
Note if your employer fails to recognize valid FMLA requests
Keep track of any disciplinary actions taken after you request or take leave
Common Employer Violations
Be alert for these potential FMLA violations by your employer:
Refusing to recognize adequate notice of your need for leave
Applying attendance penalties for FMLA-protected absences
Requiring you to use specific language or forms before providing protection
Taking disciplinary action immediately after you request or return from leave
Failing to maintain your health benefits during approved leave
Refusing to restore you to your position or an equivalent role upon return
When to Seek Legal Help
Consider consulting with an employment attorney if your employer:
Denies your FMLA leave request despite adequate notice
Disciplines or terminates you for taking protected leave
Counts FMLA absences against your attendance record
Retaliates against you for exercising your FMLA rights
Fails to properly designate your leave as FMLA-protected
Time Limitations Matter
FMLA claims are subject to strict time limits. If you believe your rights have been violated, don’t delay in seeking legal advice. The sooner you address potential violations, the better your chances of protecting your rights and obtaining appropriate remedies.
Understanding Your Broader Rights
The FMLA works in conjunction with other employment laws, including the Americans with Disabilities Act (ADA) and state family leave laws. Depending on your situation, you may have additional protections beyond the FMLA. An experienced employment attorney can help you understand all of your rights and options.
Conclusion
The FMLA provides important protections for employees dealing with serious health conditions, but these rights are only valuable if you understand and properly exercise them. Remember that informal notice can be sufficient, timing flexibility exists for unpredictable conditions, and employers cannot penalize you for taking protected leave.
If you believe your FMLA rights have been violated, document the situation carefully and consider seeking legal guidance. Your right to take necessary medical leave without fear of job loss is protected by federal law, and employers who violate these protections can be held accountable. Contact WorkRight Law today to seek justice.
