Demand Letter on Behalf of an Individual Employee For FMLA Interference

This legal template is designed to aid an attorney or individual employee in drafting a demand letter to address a potential violation of the Family and Medical Leave Act (FMLA) under United States law. The FMLA is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons, such as the birth or adoption of a child, caring for a family member with a serious health condition, or when the employee's own serious health condition renders them unable to work.

This demand letter is specifically focused on FMLA interference, which refers to any action taken by an employer that unlawfully denies, restrains, or interferes with an employee's exercise or attempt to exercise their FMLA rights. These violations could include employer retaliation against an employee for taking FMLA leave, imposing unfair leave restrictions or requirements, failing to properly notify the employee of their FMLA rights, unreasonably denying or delaying the approval of FMLA leave, or terminating an employee for exercising their FMLA rights.

The purpose of this demand letter is to assert the rights of an individual employee who believes they have been subjected to FMLA interference and to demand that the employer remedy the situation. The template may include sections addressing the specific facts and circumstances surrounding the alleged interference, references to relevant provisions of the FMLA, a summary of the employee's rights, and a demand for appropriate relief. Appropriate relief may involve reinstatement of the employee to their previous position, compensation for lost wages or benefits, and other remedies necessary to make the employee whole.

It is crucial to consult legal counsel while utilizing this template, as laws related to FMLA interference can be complex and vary from state to state. This template could serve as a starting point for an attorney or individual employee, helping them organize their arguments and frame the demand in a professional and persuasive manner.