Family & Medical Leave Act (FMLA)

+ Who is eligible for FMLA leave?

To qualify for FMLA leave, an employee generally must meet three requirements:

• Length of employment. You must have worked for your employer for at least 12 months. These months do not necessarily have to be consecutive, although certain extended breaks in employment may not count.
• Hours worked. You must have worked at least 1,250 hours during the 12 months immediately before your leave begins. Generally, only hours actually worked count toward this requirement; paid vacation, sick leave, and other time off do not.
• Employer size and location. You must work at a location where your employer has at least 50 employees within 75 miles.
• The FMLA also applies to public agencies and public and private elementary and secondary schools, regardless of their total number of employees. For most private employers, the law generally applies if they employed at least 50 employees for 20 or more workweeks in the current or preceding calendar year.

Meeting these requirements is important, but eligibility alone does not guarantee that every type of absence qualifies for FMLA protection. The reason for the leave must also meet the law's requirements.

+ What reasons qualify for FMLA leave?

Eligible employees may take FMLA leave for several qualifying family and medical reasons, including:

• Your own serious health condition. You may take leave when a physical or mental health condition makes you unable to perform your job. This can include inpatient care, ongoing treatment, surgery, recovery, or certain chronic conditions.
• Caring for a family member. You may take leave to care for your spouse, child, or parent who has a serious health condition.
• Pregnancy and childbirth. FMLA leave may cover prenatal care, pregnancy-related incapacity, childbirth, and recovery. Both mothers and fathers may also take leave to bond with a newborn child.
• Adoption and foster care. You may take leave following the placement of a child for adoption or foster care and to bond with the child.
• Military family circumstances. You may take leave for certain qualifying exigencies related to a spouse, child, or parent serving on covered active duty.
• Military caregiver leave. Eligible employees may take up to 26 workweeks of leave during a single 12-month period to care for a covered servicemember or qualifying veteran with a serious injury or illness.

+ Can my employer deny my FMLA leave?

An employer generally cannot deny FMLA leave when an employee is eligible, has a qualifying reason for leave, and has met the applicable notice and documentation requirements.

Employees do not necessarily need to use the words "FMLA" or formally request leave under the law. However, they must provide enough information for the employer to understand that the absence may qualify for FMLA protection. For foreseeable leave, employees generally must provide 30 days' notice when feasible. When the need for leave is unexpected, notice must be given as soon as feasible under the circumstances.

An employer may request medical certification to verify the need for leave for a serious health condition. Employees generally must be given at least 15 calendar days to provide requested certification, subject to applicable exceptions.

+ When is a Minnesota employer in violation of the FMLA?

There are several ways an employer may violate an employee's rights under the FMLA. Common claims involve entitlement, interference, and retaliation.

• Entitlement claim. Arises when an eligible employee has a qualifying reason for leave but the employer denies or fails to provide the leave, fails to maintain required group health insurance, or refuses to restore an employee to the same or an equivalent position after leave.
• Interference claim. Arises when an employer restrains, discourages, or otherwise interferes with an employee's ability to request or use FMLA leave. Examples may include imposing improper requirements, failing to provide required notices, or counting protected absences against an employee under an attendance policy.
• Retaliation claim. Arises when an employer takes adverse action against an employee because the employee requested or used FMLA leave or otherwise exercised rights protected by the law. Examples may include termination, demotion, reduced pay, or denial of a promotion because of taking protected leave.

+ How do I prove an FMLA violation?

The evidence needed to establish an FMLA claim depends on the type of violation. For an entitlement or interference claim, we generally need to establish that you were eligible for FMLA leave, had a qualifying reason for taking it, provided sufficient notice to your employer, and were denied a right or benefit provided by the law. Evidence may include:

• Proof of eligibility. Employment records, pay stubs, time records, or other documents showing how long you worked for your employer and how many hours you worked.
• Documentation of your qualifying condition. Medical certifications, doctor's notes, appointment records, or other documentation supporting the need for leave.
• Records of your leave request. Emails, text messages, written requests, or other communications showing when and how you notified your employer.
• Employer responses. Leave approval or denial notices, requests for additional medical information, and communications explaining how your employer intended to handle your leave.
• Attendance and scheduling records. Time sheets, attendance records, and schedules showing whether your employer improperly counted protected absences against you or failed to recognize qualifying leave.
• Evidence of interference with your leave. Communications showing that your employer discouraged you from taking leave or required you to perform work while on leave.
• Return-to-work records. Documents showing whether your employer restored you to the same or an equivalent position after leave.

A retaliation claim requires evidence that you exercised or attempted to exercise an FMLA right, your employer knew about that activity, and the employer took an adverse employment action because of it. Relevant evidence may include disciplinary records, performance reviews, statements by supervisors, changes in pay or responsibilities, and the timing of the employer's decision in relation to your leave.

+ How much is a FMLA case worth?

There is no reliable average settlement amount that applies to every FMLA case. The value of an FMLA case depends on the strength of the evidence, the financial losses you suffered, and the remedies available under the law.

Potential damages may include lost wages and employment benefits, interest, and certain other monetary losses caused by the violation. In many cases, the FMLA also provides for an additional amount equal to the damages awarded, unless the employer can establish that its violation was in good faith and that it had reasonable grounds to believe its conduct was lawful. A court may also award appropriate equitable relief, such as reinstatement or promotion, as well as attorney fees and costs.

+ Can I claim an FMLA violation even if I quit?

Possibly. An employee does not necessarily lose the right to pursue an FMLA claim simply because they resigned. In some circumstances, an employee who is in need of family or medical leave may need to resign to deal with their situation while their employer was denying or interfering with their FMLA rights. This is known as constructive discharge. Whether a resignation qualifies as constructive discharge depends on the severity of the employer's conduct and the surrounding circumstances.

If you resigned after being denied protected leave, pressured to work while on leave, or punished for exercising FMLA rights, an employment attorney can evaluate whether you may have a claim.

+ What is the statute of limitations for a FMLA violation case in Minnesota?

The FMLA generally requires an employee to file a lawsuit within two years of the last action that allegedly violated the law. If the violation was willful, the deadline may be extended to three years. A violation may be considered willful when the employer knew its conduct was prohibited by the FMLA or acted with reckless disregard as to whether its conduct violated the law.

Because missing the filing deadline can prevent you from pursuing a claim, it is important to speak with an employment attorney promptly if you believe your FMLA rights have been violated.

+ What should I do if my rights under the FMLA have been violated?

If you believe your employer interfered with your FMLA rights or retaliated against you for taking leave, preserving a clear record of your leave request and the employer's response can be important.

• Document your leave request. Record when you notified your employer that you needed leave, who you communicated with, what information you provided, and how your employer responded.
• Keep medical and leave documentation. Preserve copies of leave requests, medical certifications, employer notices, approval or denial letters, and other documents related to your need for leave.
• Document the employer's actions. Note the dates, people involved, and stated reasons for any denial of leave, discipline, demotion, pay change, termination, or other adverse action. Record why you believe the employer's explanation was inaccurate or inconsistent.
• Preserve relevant employment records. Keep emails, text messages, performance reviews, attendance records, pay stubs, and other documents you are authorized to access.
• Identify potential witnesses. Make a list of people who may have relevant information about your leave request, the employer's response, or any subsequent employment decisions.
• Request your personnel record. Minnesota employees generally may request access to their personnel records in writing, subject to statutory conditions and limits on how often a request may be made. Former employees may request a copy of their personnel record.
• Get legal advice promptly. An attorney can help determine whether your employer violated the FMLA, identify other leave protections that may apply, assess filing deadlines, and advise you on preserving evidence and pursuing a claim.