Since 1993, the Family and Medical Leave Act (FMLA) has been in operation to ensure that an employee does not have to choose between their job and their health (or the health of a close family member). But in some cases, employers view this leave as a burden and might try to penalize employees by claiming that they are partaking in “unexcused absenteeism.”
If you have been falsely accused of attendance violations while on approved or pending leave, you may be the victim of FMLA interference or retaliation. Here is what you need to know.
When are you protected?
Under federal and state guidelines for both Iowa and Nebraska, employees are eligible for up to 12 weeks of unpaid leave if they have worked for their employer for at least 12 months and logged 1,250 hours. Valid situations include:
- The birth of a child or placing them for adoption or foster care;
- Caring for a parent, child, or spouse with a serious health condition; or
- The employee having a serious health condition that impedes their essential job activities.
These also include some qualifying exigences related to a next of kin’s military service, like overseas military deployment.
Creating a paperwork trail
In order to prevent claims that you were absent without approved or legitimate FMLA leave, you need to provide the correct documentation. This usually includes a formal notice addressed to your employer, which could be at least 30 days in advance if the situation is foreseeable. Also, you will need to provide a medical certification from a healthcare provider, which should include the date the condition began, its approximate duration, and sufficient medical facts to support the absence.
What if they still say no?
If you followed these steps and met requirements, your employer cannot legally label your leave as absenteeism. However, this is a common tactic used to build a case for wrongful termination. If this is your case, do not waste time—contact a lawyer as soon as you can.