What is a “Violation” of the FMLA?
The FMLA prohibits interference with an employee’s rights under the law. More specifically, the following actions or conduct by employers are considered to be “violations” of the FMLA: Interference with, restraint, or denial of an employee’s right to take FMLA. leave. –Failure to provide leave or failure to restore to the same or an equivalent position would generally fall under this category of violation. –This category also includes when an employer manipulates the circumstances in order to avoid responsibilities under the law, such as by transferring employees to other worksites to avoid reading the 50-employee threshold, changing the essential functions of the job just to avoid an employee taking leave, or reducing an employee’s hours simply to avoid allowing that employee to reach the 1250-hour threshold. Discrimination against any employee who has taken or is taking FMLA leave. –This includes discriminating against applicants or employees who have taken FMLA leave. Also, emplo
