The FMLA, or Family and Medical Leave Act does not apply to employee mistreatment, if the mistreatment doesn’t directly relate to the employee taking FMLA leave. In other words, if an employer shows adverse actions against someone for a reason that doesn’t coincide, or relate to their FMLA leave. Even if the timings coincide, in most cases, this does not constitute as being a violation, under the scope of the FMLA. If you want to understand the facts regarding the FMLA, or if you want to find out which specific situations are not covered under the FMLA then take a look below.
Exemptions from FMLA
Under the FMLA, some employers, and employees are exempt from certain requirements. Employees may be exempt based on their job duties. People working within a small business of 50 employees or fewer may not be entitled to FMLA leave if the company operations are not impacted by their absence. Employees who have not logged a total of 1,250 hours of service within the last year, or who have not worked in the past 12 months, are also ineligible.
In some instances, key employees, or those who are amongst the top 10% of staff within a company may be denied job restoration after they take leave. With that said, most of the time they will still have the right to take leave. The FMLA also has limitations for certain situations. It doesn’t apply to personal leave that doesn’t meet the criteria of medical, or family leave. Exemptions like this are intended to balance the needs of the employee while being considerate to the business owner or employer. The system is designed to offer full benefits of FMLA leave, without being unfair to either party.
Specific Situations Not Covered
Even though the idea of the FMLA is to try and protect employees from job loss, or from facing retaliation when taking leave for a valid reason, there are some situations where it does not apply to mistreatment. Situations like this tend to arise when the mistreatment is not related to the reasons outlined by the FMLA. If an employee is mistreated due to their performance, personality conflicts at work, or their behavior then this doesn’t fall under the protection offered by the FMLA. If an employee is terminated due to poor performance or lack of commitment, then again, FMLA protections will not apply.
If an employee is subjected to mistreatment because of their race, gender, or anything outlined under Title VII of the Civil Rights Act of 1964, then again, the situation will not be covered by FMLA. It may, however, be covered under other anti-discriminatory laws. Strict guidelines are in place to ensure that people receive fair treatment while preventing FMLA abuse, so it’s important to understand what’s covered, and what isn’t if you believe you may have a case.
Exceptions to FMLA Coverage
Certain exceptions can affect an employee’s right to protection under FMLA. One notable exception would be when dealing with HCE, or highly compensated employees. Employees like this typically earn above a certain threshold and therefore may face limitations for FMLA. This particularly relates to their rights to be reinstated when they leave. In some situations, HCEs might not be given the right to return to their employer, if by doing so, they would impose a burden on the employer. Therefore, while employees like this are still entitled to leave, the scope of protections is reduced, and therefore not covered under the Family Medical Leave Act.
Understanding FMLA Exclusions
In addition to the above, there are exclusions to coverage that might be relevant when it comes to employee mistreatment. FMLA only applies to specific relationships, which would include spouses, children, or a parent who has a very serious health condition. The law does not cover caregiving for others, such as cousins, grandparents, or even siblings. The only way that this can be covered is if an employer chooses to extend the leave benefits voluntarily. Mistreatment in this context would also not be covered by the same legal protections.
Instances of Ineligibility
Under the FMLA, an employee would be ineligible to take FMLA leave if they do not meet the minimum criteria. An example of this would be if you do not meet the minimum employment duration. You may also not have worked the required 1,250 hours. In some instances, it may be that the employer has less than 50 employees. The FMLA only covers employers who have 50 or more employees and these all have to be within a 75-mile radius. You will also be ineligible if you take leave due to personal reasons not connected to health, or if you want personal time off for reasons that are unrelated to your health.
Scope of FMLA Exemptions
Discrimination or harassment that is not related to FMLA leave is not covered under the FMLA. On top of this, the FMLA protects employees from retaliation or discrimination for taking qualifying leave. If an employee is treated unfairly or if they are harassed for reasons that do not relate to their request of taking FMLA leave then the employer will not be violating the terms outlined by the FMLA. The FMLA does not protect against general actions from the employer. This could be firing someone for performance issues not linked to FMLA leave. As a general rule of thumb, FMLA only protects in instances where an employee is mistreated because they took FMLA leave, or tried to exercise their basic rights under the act. Anything outside the scope of this is not covered, so you must consider things like this.
If you have any questions or if you believe that you have been mistreated by your employer then we encourage you to get in touch with us today by calling 704.286.0947. We will do everything we can to help.
