FMLA Rights for West Virginia Workers
When a serious health condition or family emergency strikes, the last thing you should have to worry about is losing your job. The Family and Medical Leave Act (FMLA) gives eligible employees the right to take unpaid, job-protected leave — but many employers still ignore or violate those rights. If your FMLA request was denied or you were punished for taking leave, you may have a legal claim.
Addair Entsminger PLLC Protects Employees Facing FMLA Violations
At Addair Entsminger PLLC, we represent workers throughout West Virginia who have been denied FMLA leave, retaliated against, or terminated after asserting their legal rights. We help clients understand whether they qualify for leave, how to navigate the process, and what to do when employers get it wrong.
Understanding the Basics: Who Qualifies for FMLA Leave?
To be eligible for FMLA, you must meet three criteria:
- You work for a covered employer (generally one with 50 or more employees)
- You’ve worked at least 12 months for your employer
- You’ve worked at least 1,250 hours in the past 12 months
If you qualify, you’re entitled to up to 12 weeks of unpaid leave per year for specific reasons — including your own serious health condition, the birth or adoption of a child, or caring for a seriously ill spouse, parent, or child.
Common Employer Violations and Red Flags
Employers sometimes violate FMLA rights by:
- Denying valid leave requests
- Demanding too much medical documentation
- Refusing to restore employees to the same or equivalent job
- Retaliating with termination, demotion, or discipline after leave
- Discouraging employees from taking leave in the first place
All of these actions are illegal. If your employer interferes with your FMLA rights or retaliates because you exercised them, you have grounds for legal action.
Family and Medical Leave Protections Under the West Virginia Human Rights Act
In addition to federal protections under the FMLA, the West Virginia Human Rights Act may provide relief in situations where discrimination occurs during or after a leave of absence. While the WVHRA does not include a direct family leave provision, it prohibits discrimination based on sex, disability, and familial status — which often intersect with medical and parental leave issues.
For example, if an employer targets a new mother for termination after returning from leave, or denies accommodations for a pregnancy-related condition, those actions may violate the WVHRA. Similarly, if a caregiver is treated unfairly because of their role in caring for a family member with a disability, legal protections may apply.
The WVHRA also protects against retaliation, meaning your employer cannot punish you for asserting your rights under state or federal law. If you suspect that your leave played any role in your employer’s adverse actions, it’s important to speak with legal counsel quickly.
What to Do If You Suspect an FMLA Violation
Start by documenting everything — your request, your employer’s response, and any retaliation you experience. Then, speak with an employment attorney who can evaluate your situation and help you take the next steps. You may be entitled to reinstatement, back pay, or other remedies.
If you’ve been denied FMLA leave or punished for taking time off, call (304) 881-0411 today. Addair Entsminger PLLC is ready to fight for your rights.
