Top 5 FMLA Violations Employers Make—and What You Can Do About Them

The Family and Medical Leave Act (FMLA) offers critical protections to eligible employees facing serious health issues, family medical needs, or childbirth. It ensures the right to take up to 12 weeks of unpaid, job-protected leave annually for qualifying reasons without fear of retaliation. Yet across Mississippi, too many employers violate these rights, either through misunderstanding, carelessness, or willful misconduct.

At Espy Law, we’ve worked with clients in Jackson and throughout the state who have lost income, jobs, or benefits due to FMLA violations. Knowing what actions cross the line can help you recognize when your rights may have been ignored and take the proper steps to address it. Here are the five most common ways employers break the law when handling FMLA requests.

1. Refusing to Reinstate You to Your Job

One of the foundational guarantees under FMLA is job restoration. If you take approved FMLA leave, you’re entitled to return to the same position or an equivalent one with the same pay, benefits, and working conditions.

Employers who fail to reinstate employees, whether by giving them a lower-paying position or no position at all, violate federal law. Some may claim that the job was eliminated while the employee was on leave, only to be reassigned under a new title. Others may cite performance issues unrelated to your leave. If this happens, an employment attorney can evaluate the employer’s reasoning and help you assert your rights under the law.

2. Misclassifying FMLA Leave

Employers are legally required to classify qualifying leave as FMLA once they are aware of the reason for the leave. Failing to do so strips the employee of essential protections, including job security and continued health benefits.

Common examples of misclassification include:

• Treating your absence as personal leave rather than FMLA leave
• Denying FMLA coverage because the employee failed to use specific words or forms
• Delaying the designation of FMLA leave until after the employee returns
  

By failing to classify or notify employees of their FMLA rights promptly, employers undermine the very protections the law is intended to provide. A qualified employment lawyer can determine whether your leave should have been treated differently and help correct the record.

3. Discouraging or Penalizing Leave Requests

Employers cannot discourage eligible employees from taking FMLA leave. This includes verbal comments, subtle retaliation, or changes in work assignments that make taking leave less feasible.

If you’ve heard any of the following from your employer, they may be crossing a legal line:

• “Now isn’t a good time for you to be out.”
•  “Taking leave could affect your promotion.”
•  “We can’t afford to cover your duties.”
  

Even if you’re technically granted leave, these types of comments or pressures can violate the spirit and intent of the law. If your employer’s behavior has made you feel punished or targeted for using your rights, you may benefit from speaking with an employment law attorney in Jackson, MS, who understands how to address workplace retaliation.

For more information on how our firm supports workers in Mississippi, please visit our employment law services page.

4. Requiring Unauthorized Medical Details

While an employer can request medical certification to approve FMLA leave, they are not permitted to demand personal medical details beyond what’s required for certification. Some employers violate privacy by asking about a diagnosis, treatment plan, or prognosis that isn’t needed.

Employees have the right to provide documentation from a health care provider that confirms a serious health condition exists without disclosing the specifics. If an employer asks invasive questions, contacts your physician without your consent, or uses your medical condition against you, these could be serious legal violations.

A skilled employment lawyer for FMLA violations can help ensure your medical privacy is respected and that your employer follows lawful procedures.

To schedule a no-cost case review, visit our complimentary consultation page.

5. Retaliating Against Employees Who Take FMLA Leave

Retaliation comes in many forms. After using FMLA leave, some employees find themselves facing sudden demotion, termination, reduced hours, negative performance reviews, or a hostile work environment.

Federal law prohibits any adverse action against an employee because they exercised their right to take leave. You do not need to prove intentional malice, only that the negative treatment occurred after protected activity and appears connected.

This type of claim can be proven with performance records, timelines, internal communications, and witness testimony. At Espy Law, we’ve helped workers in Mississippi bring successful retaliation claims by identifying patterns and holding employers accountable.

To learn more about our approach and experience, visit the attorney profile of our lead counsel.

What to Do If You Suspect a Violation

If you believe your rights under the FMLA have been violated, do not wait for the situation to resolve itself. The longer you delay, the more difficult it may be to gather documentation and build a strong legal claim.

Here’s what you can do immediately:

• Document every conversation or action related to your FMLA leave
• Keep copies of leave requests, emails, and HR communications
• Track any changes in your job title, pay, or responsibilities after leave
• Contact a qualified employment attorney to evaluate your next steps
  

The law provides you with more than just time off. It affords you the legal right to protect your health and that of your family without fear. Contact us today to explore how Espy Law can help enforce those rights and secure the justice you deserve.

Standing Up to FMLA Misconduct With Legal Help

Workplace rights matter, and no employee should be left unprotected when facing a serious illness or family emergency. At Espy Law, we are dedicated to assisting workers in Jackson and Mississippi in challenging unlawful treatment and holding employers accountable under federal and state laws. If your employer has violated FMLA protections, whether by discouraging leave, misclassifying your absence, or retaliating against you, our firm can take action on your behalf.

We provide personalized legal guidance with no upfront fees, allowing you to focus on healing and rebuilding. Let our team handle the legal challenges while you reclaim your voice in the workplace. Contact us today to schedule a free consultation and begin asserting your rights under the FMLA.