FAMILY MEDICAL LEAVE ACT (FMLA)

Employer violations of the FMLA are disturbingly common. Some of the most frequent violations include denying FMLA leave to eligible employees for qualifying reasons, firing or disciplining employees for taking FMLA leave, counting FMLA absences against employees under attendance policies, failing to restore the employee to their position (or an equivalent position) upon return from leave, retaliating against employees who request or take FMLA leave, failing to maintain health insurance during FMLA leave, discouraging employees from requesting FMLA leave, and requiring employees to find their own replacements as a condition of taking leave.

These violations can take two legal forms: interference (where the employer prevents the employee from exercising their FMLA rights) and retaliation (where the employer punishes the employee for exercising those rights). Both are illegal and both can result in significant liability for the employer.

FMLA cases require attorneys who understand both the statute’s technical requirements and the practical ways employers try to circumvent them. At Klie Law Offices, our employment law team has extensive experience handling FMLA interference and retaliation claims in West Virginia and Ohio. We help employees understand their rights, document violations, file timely claims, and recover the full damages available under the law.