Did you know that only about 31% of private-sector workers in the U.S. have access to paid family leave? In 2025, approximately 11.3 million workers needed leave but did not take it, with 2/3 citing the inability to afford unpaid leave.
According to an Atlanta Family Medical Leave Act disputes lawyer, the Family and Medical Leave Act (FMLA) guarantees protected leave from work for eligible employees. But sometimes, employers don’t honor this obligation. They disagree about eligibility, proper notice, and the scope of the job-protected leave.
In that sense, employees must know their eligibility under this act. Let’s learn about your rights and what actions to take when disputes arise.
How to Determine Your FMLA Eligibility
There are requirements for an employee to be eligible for the FMLA leave. One of those is that the company may have at least 50 employees who work within a 75-mile radius of its operational area.
An employee must also have worked 1,250 hours during the previous 12 months of their current position.
When filing for leave, they must provide a valid reason. It could be taking time off for a serious health condition. Another family issue could be giving birth or adoption of a child. In addition, reasons like needing to care for a relative who has a serious health condition are also valid.
If you fall under these criteria for FMLA leave, the HR department will vadiate your admissibility for the leave.
Top FMLA Disputes Employees Face and How to Address Them
The process of requesting leave under FMLA creates multiple problems for employees, which the legal framework shows can create disputes between workers who try to resolve this issue. The main problem stems from a lack of proper documentation.
You must provide complete medical certification to support your claim.
The next dispute revolves around the employer who believes that his employee does not meet the correct eligibility requirements for leave. Visit your HR office to learn about your entitlements and have all confusing points explained.
Some employees face retaliation for having taken leave, which is illegal. You should keep all your communications documented while you show all your professional behavior to prove your belief about wrongful conduct.
You must submit your requests without delay because this matter requires your immediate attention. Exploring these topics will provide you with sufficient research materials to resolve conflicts while defending your FMLA rights.
What FMLA Rights Do You Have?
In the US, you may qualify for up to 12 weeks of unpaid leave for specific family and medical reasons. Employees can use this time for medical leave due to serious health problems, caring for a newborn or newly adopted child, or supporting a family member with a severe health condition.
This protection can also apply when a serious health condition arises from a personal injury—such as those resulting from vehicle accidents, medical malpractice, birth-related injuries, or other catastrophic incidents as stated by https://www.cmtjustice.com/—when the injury requires ongoing medical treatment or prevents you from performing your job duties.
Your employer must reinstate you in your current position or one that offers similar opportunities. You are entitled to maintain your health insurance benefits during your leave.
There is protection against retaliation or discrimination for an employer while on FMLA leave. Awareness of your rights is the road to securing your time off for every member of your family or medical reasons, should they present themselves.
Understanding FMLA Retaliation
The company may reach its retaliation goal by using hidden methods to retaliate against you because you have FMLA leave rights, which protect you from harassment and termination and other forms of punishment.
The employer will try to intimidate you when you request family or medical leave because you are exercising your legal rights. Please note that this is against the law and might derail your job safety.
You must maintain vigilance by documenting every negative incident that occurs against you after your leave period ends. Your knowledge of rights will help you identify revenge situations, which will protect your safety and support your legal case.
Steps to Take if You Believe Your FMLA Rights Have Been Violated
It is very important that upon suspecting any violation of your rights under the FMLA, you should act right away. The very essence is to record all such incidents as soon as possible. Write down anything that is crucial, including dates and times, and what was said about your leave, etc.
You need to request a copy of the employer’s FMLA policy so that you can have the needed knowledge. The employer will often address the issue. The HR may choose to take corrective action regarding your expressed grievances. If your complaints remain unacted upon, the next step would be reporting your complaints through a written communication to the employer. You alternatively may seek help and the filing of a complaint.
Your employer under federal law has rights and can be liable. You might consider contacting an employee lawyer who can coach you in understanding your rights and in choosing the best course of action.
Conclusion
The entire scope of FMLA rights needs to be understood because these rights have produced beneficial results for workers. Rights are not a soft subject; work out ways to treat one another equally.
Start collecting evidence about the major rights violations that your boss has committed against you while you seek professional assistance. The process of understanding your entitlements and fighting for yourself during the first half of FMLA leave will provide you with relief from the legal complexities that accompany FMLA procedures.
You have the right to progress towards protecting your family and health without experiencing any safety concerns.
