Whether it's a sick spouse, child or your own medical need, people typically don't plan these types of events. When faced with an authorized family or medial situation that requires you to take an extended break from work, if you work with a qualifying employer, measures like the Family and Medical Leave Act, or FMLA, allow you to take off without fear of losing your job. Unfortunately, even though FMLA is a federal standard, some employers violate their employee's rights as they pertain to this issue. Being able to recognize a violation is a great way to protect yourself.

Pressure To Postpone Your Departure

If your employer asks you to postpone your FMLA, this can sometimes be considered a violation. This is particularly the case if your employer is pressuring you to keep working because of a work related event, such as an audit or another important project.

Pressuring someone to schedule their surgery for a later period or any other medical concern is considered a form of harassment. When the employee is requesting this type of leave for a qualified family or medical reason, under the terms of this policy, it is the responsibility of the employer to work around the needs of the employee, not the other way around.

Requesting To View Medial Records

In some instances, an employer might have reservations about the real reason an employee wants to activate their right to FMLA. This reservation might preempt them to request your medical records. If an employer demands or even casually asks to see your medical records, they are violating your rights under this policy.

Your medical information is confidential and can't be required by your employer. You are only required to provide your employer with a federally-approved certification sheet prepared by your medical provider outlining the amount of time you need away from work, but not the reason. Anything more is a violation of your privacy under this act.

Protecting Yourself

Although your role at your place of employment is important, the needs of your family and your own medical needs are equally, if not more, important. If your employer has violated your rights under the FMLA policy, an attorney can help in this type of situation. It doesn't matter if you are currently dealing with the issue or the violation occurred in the past, an attorney can assess your situation and take swift action to restore your rights and ensure you are protected. 

Don't let a violating employer keep you from taking care of your family or yourself. A labor law attorney on your side can help put your mind at ease so that you can take care of your needs and not worry about your job.