The Family and Medical Leave Act (FMLA) allows qualified employees to take a certain amount of unpaid leave for a variety of reasons specified in the federal law. The provisions of the FMLA are designed to give employees here in Texas and across the country the peace of mind that they will not lose their jobs if they have to be out of work for an extended period for a qualifying event. If an employer violates the act and wrongfully terminates a worker, a lawsuit might be appropriate.
A man from another state who alleges that he was wrongfully terminated because the company for which he worked violated the provisions of the FMLA, along with the Employee and Retirement Income Security Act (ERISA), recently filed such a lawsuit. On April 13, 2015, the man fractured his hand. He claims that he immediately filed for short-term disability and extended leave under FMLA since the man's doctor notified him and his then employer that he would be out until May 18, 2015.
Meanwhile, the Pennsylvania man claims his employer failed to process his request for FMLA until approximately April 29, 2015. Then, on May 5, 2015, the company terminated him -- ostensibly because of excessive absences. The former employee claims that his numerous emails and calls to the company to rectify the situation went unanswered.
As would be the case here in Texas, it will be up to a court to determine whether the company violated the provisions of the FMLA, ERISA and wrongfully terminated this man. These laws are there to protect employees from being taken advantage of by their employers. When an employer's conduct violates these or other employment laws, the company may be responsible for any damages caused to the employee.
Source: pennrecord.com, "Man claims wrongful termination, FMLA violation", Annie Hunt, March 28, 2016