Unlawful FMLA Employer Actions

Answer:

We recently received a call from a client who had taken some leave from work under the FMLA, the Family and Medical Leave Act. The Family and Medical Leave Act provides 12 weeks of leave for an employee under certain circumstances. That 12 weeks can be taken all at once or it can be split up over time. This employee had split her leave time up over different times throughout the year, and the question came up, “How much leave do I actually get? What am I entitled to by the employer?” This was a somewhat complicated calculation we had to do because the way that she took the leave sometimes wasn’t a full day, so we had to go in and do the calculations and determine exactly how much leave she had and whether the employer provided her the full 12 weeks or not.