Quick Answer
Common FMLA violations by employers include denying eligible leave, firing during leave, and retaliation. Learn the warning signs, your rights, and how to file a complaint.
The Family and Medical Leave Act (FMLA) gives eligible employees up to 12 weeks of unpaid, job-protected leave for serious health conditions, a new child, or a family member's serious illness. But FMLA violations by employers are common—sometimes out of ignorance, sometimes on purpose. If your employer denied leave you were entitled to, refused to give your job back, or punished you for taking leave, you may have a claim.
This guide lists the most common FMLA violations, explains the difference between interference and retaliation, and shows you how to respond.
Two Main Types of FMLA Violations
Nearly every FMLA violation falls into one of two categories:
- Interference — the employer restrains, denies, or discourages your FMLA rights. Intent does not matter; even a well-meaning mistake can be interference if it costs you leave you were owed.
- Retaliation — the employer punishes you for using or requesting FMLA leave. Here, the employer's motive is the issue, and suspicious timing is powerful evidence.
Both are illegal under the FMLA, which is enforced by the U.S. Department of Labor's Wage and Hour Division.
12 Common Examples of FMLA Violations
Watch for these red flags. Each can be an unlawful FMLA violation:
- Denying leave to an eligible employee. Refusing valid FMLA leave to a worker who meets the eligibility rules.
- Failing to reinstate you. Not returning you to the same or an equivalent position—same pay, benefits, and duties—after leave.
- Counting FMLA leave against you. Treating protected leave as an "occurrence" or absence under an attendance policy.
- Discouraging leave. Pressuring, guilt-tripping, or warning you not to take leave you're entitled to.
- Firing during or right after leave. Terminating you because of the leave, or using the leave as a pretext.
- Demoting or cutting pay/hours after you return from leave.
- Demanding excessive medical documentation beyond what the FMLA allows, or contacting your doctor improperly.
- Delaying or "losing" your leave request so your protected time runs out.
- Miscounting your leave—for example, charging you more weeks than you actually used.
- Refusing intermittent leave for a condition that qualifies for it.
- Stopping your group health insurance during FMLA leave (it must be maintained on the same terms).
- Harassing or building a paper trail against you after you request or take leave.
If any of these sound familiar, document it. You may be facing FMLA interference, retaliation, or both.
Are You Even Eligible for FMLA?
Many disputes start with whether you qualify. Under federal law, you are generally eligible if:
- Your employer has 50 or more employees within 75 miles of your worksite,
- You have worked there for at least 12 months, and
- You worked at least 1,250 hours in the 12 months before your leave.
If you meet those tests and your employer treated your leave as optional or punished you for it, that is a problem. Note that some state leave laws cover smaller employers or provide paid leave—so even if you don't qualify federally, you may be protected by your state. See our FMLA and family & medical leave hub.
FMLA Interference vs. Retaliation
Understanding which theory applies helps you frame your claim:
| Interference | Retaliation | |
|---|---|---|
| The wrong | Denying or chilling FMLA rights | Punishing you for using FMLA |
| Does intent matter? | No—effect is what counts | Yes—motive is central |
| Typical proof | You were eligible, entitled, and denied a benefit | Negative action closely followed your leave |
| Example | Refusing valid leave or reinstatement | Firing you a week after you return |
Many strong cases plead both. For instance, if an employer denies your reinstatement (interference) and the real reason is that you took leave (retaliation), each theory reinforces the other.
Find Out If You Have a Case
Not sure if your employer broke the law or what your claim is worth? Get a free, no-obligation evaluation from an experienced employment attorney.
How to Prove an FMLA Violation
Build your case with documentation:
- Your leave request and any medical certification you submitted, with dates.
- The employer's responses—approvals, denials, emails, or texts.
- Timing. Note exactly when you requested or took leave and when any negative action occurred. Days or weeks apart is compelling.
- Your personnel file—performance reviews before and after leave, discipline, and the stated reason for any adverse action.
- Witnesses who heard comments about your leave.
- Comparisons. How were coworkers who didn't take leave treated?
An employer's shifting or inconsistent explanations for firing or disciplining you often reveal an unlawful motive.
What to Do If Your Employer Violated the FMLA
- Document everything and keep copies on a personal device.
- Report it in writing to HR, referencing your FMLA rights, and keep the response.
- Note your deadlines. An FMLA claim generally must be brought within two years of the violation, or three years if the violation was willful.
- File a complaint with the Department of Labor's Wage and Hour Division, or file a private lawsuit.
- Get a free case review to understand the strength of your claim and the damages available.
Damages for FMLA Violations
The FMLA provides strong remedies. You may recover:
- Lost wages and benefits, or other actual monetary losses (such as the cost of care you had to arrange).
- Liquidated (double) damages equal to your losses, unless the employer proves it acted in good faith.
- Reinstatement or promotion.
- Attorney's fees and costs.
The possibility of doubling your damages is a major reason employers settle strong FMLA cases.
Frequently Asked Questions
What are the most common FMLA violations by employers?
Common violations include denying leave to eligible employees, failing to restore a worker to the same or an equivalent position, counting FMLA leave as an attendance infraction, discouraging or interfering with leave, demanding excessive medical documentation, and firing or retaliating against employees who take FMLA leave.
What is FMLA interference?
FMLA interference is when an employer restrains, denies, or discourages the exercise of FMLA rights—for example, refusing valid leave, delaying it, pressuring you not to take it, or failing to reinstate you afterward. It is illegal even if the employer did not act with bad intent.
What is FMLA retaliation?
FMLA retaliation is when an employer punishes you for using or requesting FMLA leave—by firing, demoting, cutting hours, giving worse assignments, or disciplining you. Close timing between your leave and the negative action is strong evidence of retaliation.
Can I be fired while on FMLA leave?
You cannot be fired because you took FMLA leave. You can be laid off or terminated for reasons unrelated to the leave—such as a company-wide layoff you would have been part of anyway—but the employer must prove the reason was genuinely independent of your leave.
How do I report an FMLA violation?
You can file a complaint with the U.S. Department of Labor's Wage and Hour Division, generally within two years of the violation (three years if it was willful), or file a private lawsuit. An employment attorney can help you choose the best path.
What can I recover for an FMLA violation?
You may recover lost wages and benefits (or other actual losses), plus an equal amount in liquidated (double) damages unless the employer acted in good faith, along with reinstatement or promotion and your attorney's fees and costs.
Get a Free Case Review
If your employer denied your leave, refused to give your job back, or punished you for taking FMLA leave, you may be owed double damages. Request a free, confidential case review and we'll connect you with an experienced employment attorney.
This article is general legal information, not legal advice. Laws vary by state and change over time. Consult a licensed attorney about your specific situation.