FMLA Violations: Defending Your Right to Take Leave Without Penalty

Congruence Law, P.C. Protects Employees Who Need Time Away from Work for Health and Family Reasons

You shouldn’t have to choose between your job and your health—or your family. The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave each year. It covers serious health conditions, childbirth, caregiving responsibilities, and more. Yet many employees are denied leave, misinformed about their rights, or punished for using them.

At Congruence Law, P.C., we help employees exercise their FMLA rights and challenge employers who interfere with or retaliate against lawful leave.

What Is Protected Under the FMLA?

The FMLA allows eligible employees of covered employers to take up to 12 weeks of unpaid leave in a 12-month period for:

➤ Personal Medical Needs

Serious health conditions that prevent you from working, including chronic illness, surgery, or mental health treatment.

➤ Family Medical and Caregiving Responsibilities

Caring for a child, spouse, or parent with a serious health condition.

➤ Parental Leave

Pregnancy, childbirth, adoption, or foster care placement.

➤ Military Family Leave

Certain exigencies related to military deployment or injury of a service member in your immediate family.

During this time, your employer must maintain your health insurance and guarantee your job—or an equivalent one—upon return.

Signs of FMLA Interference or Retaliation

• Your leave request is denied despite clear eligibility

• You’re required to work while on leave

• You’re fired, demoted, or disciplined after requesting or taking FMLA leave

• Your employer refuses to reinstate you to your previous position

• You’re misled about whether your condition or family situation qualifies

We investigate the facts, enforce compliance, and seek compensation or reinstatement where the law has been violated.

What We Do at Congruence Law, P.C.

We represent employees whose FMLA rights have been violated—before, during, or after leave. Our services include:

• Reviewing eligibility and medical documentation

• Challenging unlawful denials of leave

• Litigating interference and retaliation claims

• Negotiating reinstatement, back pay, and benefit restoration

• Advising on how FMLA interacts with disability laws, short-term disability insurance, and state leave laws

We support employees in navigating the paperwork, deadlines, and resistance that often come with asserting FMLA rights.

Common Employer Excuses (And Why They Fail)

• “You didn’t give enough notice.”→ We show your request was timely and that emergencies require only oral notice.

• “You didn’t fill out the right form.”→ The law requires flexibility in how employees invoke their rights. Technicalities don’t excuse denial.

• “We can’t hold your job.”→ Unless you’re among a very narrow class of “key employees,” your position must be protected.

Pitfalls to Avoid

Relying on Verbal Assurances. Always get FMLA decisions in writing. Keep copies of your requests and medical certifications.

Missing Employer-Set Deadlines. Employers can set reasonable documentation deadlines. We help you meet them and challenge abuses.

Assuming You’re Not Eligible Without Asking. Many employees mistakenly believe they don’t qualify. Let us help you determine your true eligibility.

Why Choose Congruence Law, P.C.

Your health and family come first—and the law agrees. If your employer tries to punish or prevent you from taking protected leave, we step in to defend your rights and your peace of mind.

If your FMLA leave was denied, interrupted, or led to retaliation, contact us today: employment@congruencelaw.com or at 202-630-8141.

We’ll help you stand up for your health, your family, and your future.