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Violation of Family Medical Leave Act: Your Legal Rights in Texas

If you’ve taken time off from work due to a serious medical condition or to care for a loved one, the Family and Medical Leave Act (FMLA) is supposed to protect you. But what happens when your employer punishes you—or even fires you—for taking protected leave?

That’s not just unfair. It’s a violation of the Family Medical Leave Act, and it’s illegal.

At The Lange Firm, we help employees across Texas hold employers accountable when they ignore federal leave laws. Whether you were denied leave, retaliated against, or wrongfully terminated, this guide will help you understand your rights and what legal action you can take.

Table of Contents

• What Is the Family Medical Leave Act (FMLA)?

• Who Is Covered Under the FMLA?

• What Counts as a Violation of the Family Medical Leave Act?

• Examples of Common FMLA Violations

• How to Prove an FMLA Violation

• Retaliation vs. Interference Under FMLA

• What Damages Can You Recover in an FMLA Case?

• How Long Do You Have to File an FMLA Complaint?

• How The Lange Firm Helps FMLA Victims in Texas

• Final Thoughts

• Related Blogs for Further Reading

What Is the Family Medical Leave Act (FMLA)?

The Family and Medical Leave Act is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for certain medical and family reasons.

During FMLA leave, your employer must:

• Maintain your group health insurance

• Guarantee your job or an equivalent one upon return

• Not interfere with your right to take leave

• Not retaliate against you for using FMLA

📌 The FMLA applies to both men and women and includes care for parents, spouses, children, and your own serious medical conditions.

Who Is Covered Under the FMLA?

You are eligible for FMLA leave if:

• You have worked for your employer for at least 12 months (not necessarily consecutive)

• You have worked at least 1,250 hours in the past 12 months

• Your employer has 50 or more employees within a 75-mile radius

If all of these conditions are met, you are entitled to take leave for:

• The birth or adoption of a child

• A serious health condition

• Care for a spouse, child, or parent with a serious health condition

• Certain military family needs (deployment or caregiving)

What Counts as a Violation of the Family Medical Leave Act?

FMLA violations occur when your employer fails to follow the law regarding your right to take protected leave. Common violations include:

• Refusing to approve legitimate FMLA leave

• Firing you for requesting or taking leave

• Demoting or disciplining you for taking leave

• Forcing you to return early

• Failing to restore you to the same or equivalent position

Even if the employer doesn’t explicitly say the leave caused the punishment, retaliation and interference can be proven by timing, documentation, and behavior.

Examples of Common FMLA Violations

❌ Denying Leave

An employee qualifies for FMLA but the HR department claims “we don’t do that here.”

❌ Firing After Leave

You take six weeks off to recover from surgery and return to find you’ve been replaced.

❌ Harassment or Retaliation

Your supervisor begins micromanaging or threatening to reduce your hours after you request leave.

❌ Misclassification

Your employer reclassifies you as a contractor to avoid FMLA compliance.

❌ Failure to Notify

Your employer doesn’t tell you that your leave qualifies under the FMLA, even though you’re eligible.

If any of this sounds familiar, The Lange Firm can review your case and help you take action.

How to Prove an FMLA Violation

To prove your case, you must show:

1. You were eligible for FMLA leave

2. You provided proper notice and documentation

3. You suffered an adverse employment action (termination, demotion, loss of benefits)

4. The action was causally connected to your FMLA request or usage

✅ Evidence Might Include:

• Medical documentation

• Emails or HR communications

• Performance reviews before and after leave

• Witness statements

• Texts or voicemails suggesting retaliation

Retaliation vs. Interference Under FMLA

There are two main types of violations under the FMLA:

🔹 Interference

Occurs when your employer denies or discourages your use of FMLA leave.
Example: Refusing to process your leave request or pressuring you not to take time off.

🔹 Retaliation

Occurs when your employer punishes you for taking leave.
Example: Cutting your hours, denying promotions, or terminating you soon after your leave.

Both are actionable under federal law and may entitle you to compensation.

What Damages Can You Recover in an FMLA Case?

If your rights under the FMLA are violated, you may be entitled to:

• Back pay (lost wages and benefits)

• Front pay (if reinstatement isn’t possible)

• Liquidated damages (double the lost wages)

• Job reinstatement

• Promotion or raise denied due to leave

• Attorney’s fees and court costs

In cases of willful violation, courts may increase the damages or impose additional penalties.

How Long Do You Have to File an FMLA Complaint?

You generally have two years from the date of the violation to file a lawsuit.
If the violation was willful, the statute of limitations extends to three years.

You do not need to file a complaint with the EEOC first (unlike discrimination claims). You can file directly in federal court.

⚠️ Don’t wait—missing the deadline could mean losing your right to compensation.

How The Lange Firm Helps FMLA Victims in Texas

At The Lange Firm, we represent Texas workers in all types of FMLA violation cases. We can:

• Determine if your employer violated the FMLA

• Help you collect and organize evidence

• File a claim in court for lost wages and reinstatement

• Negotiate a fair severance or settlement

• Protect you from further retaliation

We understand how stressful it is to be punished for caring for yourself or a loved one. Let us help you take back control.

📞 Contact us today to schedule a confidential consultation and protect your rights.

Final Thoughts

So what qualifies as a violation of the Family Medical Leave Act?

✅ Any denial, interference, or retaliation that prevents you from exercising your legal right to leave may count as a violation.

You don’t have to choose between your job and your health—or the wellbeing of your family. With The Lange Firm, you’ll have an advocate who understands the law and will fight to make things right.