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Know your rights when a violation of FMLA occurs

On Behalf of | Dec 15, 2020 | Employment Law

Many of our readers in the Denver area know that the Family and Medical Leave Act has provided workers with certain legal protection for many years know. However, until employees find that they may need to take leave under the protection of the FMLA, they oftentimes do not know exactly how they are protected – or if they are at all. It is crucial for employees in Colorado to understand their rights under the FMLA, particularly when a potential violation of those rights occurs.

What is the FMLA all about?

In essence, the FMLA allows workers to take time away from work – without pay – in the event that they have a medical issue that needs to be addressed, or a close family member has such a need. The protections of the FMLA recognize that a medical issue may not involve just a simple outpatient procedure, for example, but may also include a significant amount of time to recover from the medical issue as well. The FMLA also recognizes that sometimes family members need help in their attempts to recover from a medical issue.

However, there are certain procedures that employees must follow in order to be allowed FMLA leave. They must work with their employer on the details of the proposed leave, and the request for leave must be for a valid purpose.

Dealing with the violation of FMLA rights

Unfortunately, employers sometimes violate the rights of employees who have requested leave under the FMLA. Those violations could include a denial of a request for leave that should, in fact, be granted, or retaliation against an employee who requests FMLA leave, for example. When employers violate the FMLA, they need to be held accountable. For more information about how our law firm attempts to help Colorado residents with these efforts, please visit the employee leave overview section of our website.