Family and Medical Leave Act ("FMLA")
Did your employer violate the FMLA?
- The standard FMLA coverage still applies, 12 weeks of protected leave for a variety of conditions, including sever medical conditions; pregnancy; and care for family.
- In addition, FMLA coverage has been extended (the extended FMLA is titled Emergency Family and Medical Leave Expansion Act, "EFMLEA") to employees who have to stay at home to care for a child who needs supervision on account of school or childcare center closures due to COVID-19.
- If you are going on EFMLEA leave you are entitled to 10 weeks worth of pay at 2/3 your standard pay rate. (Themaximum allowed is $10,000)
- The EFMLEA like the FMLA also protects your job, it is unlawful for your employer to terminate you because you took FMLA or EFMLEA leave.
- However, they may not have to give you your job back if your position has been eliminated due to economic conditions
- IF this happens, your employer is obligated to attempt to give you an equivalent position, and to contact you if the position you previously had, or an equivalent position, reopens.
- Violations of this section are considered violations of the FMLA.
- EFMLEA may require specific request for leave from your employer. When going on EFMLEA leave, an employee should likely inform their employer why they are going on leave, and indicate that it is for EFMLEA leave.
ADA - ADEA - Title VII - FLSA Rights
Discrimination - Age, Sex, Race, Disability
Discrimination - Age, Sex, Race, Disability
Discrimination - Age, Sex, Race, Disability
- All of your anti-discrimination rights are maintained, none of the legislative adjustments have diminished or reduced the right you have not to be:
- Discriminated against on account of age, race, sex, or disability.
- Age discrimination should be made a particular point of emphasis. Older employees are more expensive for companies, and in this time of pandemic at higher risk of needing COVID leave or increased medical expenses.
- If your employer is laying off, reducing to part time, or eliminating benefits for employees over the age of 40, without equal or any such actions against employees under the age of 40 this is a form of discrimination.
- Retaliated against on account of exercising your rights or opposing harassment and discrimination.
- Retaliation includes:
- Change in pay
- Change in position
- Termination
- Elimination of Benefits
- Retaliation includes:
- The ADA prohibits inquiries into disabilities and requiring medical examinations (except under certain conditions)
- The FFCRA has modified the medical examination prohibition to allow employers to inquire into your health as it relates to COVID-19. However, this expansion is limited to COVID-19 inquiries and will still not permit your employer to question you about a disability or to conduct a medical exam not tailored to discovering COVID-19.
Wage and Hour Violations
Discrimination - Age, Sex, Race, Disability
Discrimination - Age, Sex, Race, Disability
- Minimum Wage Laws and the Fair Labor Standards Act ("FLSA") are still in effect - employer's must still meet the Wage & Hour rights of their employees during COVID-19.
- For part time employees: there is no current bill that requires your employer to maintain your hours. However, your pay rate can still not be lowered beyond the federal or state minimum wage.
- Additionally, you are entitled to pay for all of the hours you worked, your employer cannot require you to work and not pay you for your hours.
- For full time employees:
- Federal minimum wage will still apply and your pay cannot be lowered beyond that or any state minimum wage.
- If you are a full time, exempt employee, and work even one day in a week, your employer is required to pay you for that full week. (however, you may be required to use up accrued PTO or sick leave).
- In tough economic times it is not unusual to see furloughs and firings. However, your employer is still prohibited from violating the law when terminating you. They may not terminate you simply for taking FMLA, EFMLEA, or COVID-19 leave; they may not terminate you for discriminatory reasons such as age, race, sex, or disability; and they may not terminate you for opposing any unlawful action they are taking (including opposing sexual harassment, violations of the federal minimum wage, or any other forms of discrimination).
- It is important to know whether you have been terminated or furloughed, as the steps for you to take afterward, as well as your rights for reemployment vary, be sure to confirm your status if you are let go.