The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid leave for qualifying family or medical reasons without fear of losing their jobs. Yet, many workers who exercise this right face retaliation from their employers.
One common form of retaliation is being written up shortly after requesting or taking FMLA leave. If this has happened to you, it may be more than coincidence—it could be illegal retaliation, and you may have grounds to take legal action.
What Is Retaliation?
Retaliation occurs when an employer takes negative action against an employee for engaging in a legally protected activity. In the context of FMLA, retaliation may include:
- Issuing disciplinary write-ups without valid cause
- Reducing hours or demoting the employee
- Denying promotions or advancement opportunities
- Terminating employment altogether
The law prohibits these actions when they are linked to an employee’s decision to request or use family medical leave.
Recognizing Retaliation Through Write-Ups
Not every disciplinary action is retaliation, but certain red flags suggest an unlawful motive:
- Timing: The write-up occurs immediately after you request leave
- Weak justification: The alleged misconduct is vague, exaggerated, or never previously raised
- Inconsistency: Other employees are not disciplined for similar behavior
- Pattern: Write-ups begin only after your leave request, despite a clean work record
These patterns indicate that the employer’s true motivation may be punishing you for exercising your rights.
Legal Protections for Employees
The FMLA provides strong protections for eligible employees. Under the law:
- You have the right to take up to 12 weeks of unpaid leave per year for family or medical reasons
- Employers must reinstate you to the same or an equivalent position upon return
- Retaliation for requesting or taking leave is strictly prohibited
State family leave laws may provide additional protections, sometimes offering paid leave or broader coverage than federal law.
Building a Retaliation Case
If you believe you were written up as retaliation for requesting family medical leave, gathering evidence is critical. Helpful documentation includes:
Employment Records
- Copies of your leave request and employer’s acknowledgment
- Write-ups, performance reviews, and disciplinary notices
- Records showing consistent positive performance before requesting leave
Comparative Evidence
- Examples of co-workers not disciplined for similar behavior
- Evidence of uneven enforcement of policies
Timing and Communications
- Emails or verbal comments linking your write-up to your leave request
- Notes from meetings with supervisors referencing your absence
Together, this evidence helps establish a causal connection between your protected activity and the retaliation.
Remedies for Retaliation Victims
Employees who prove retaliation may be entitled to:
- Back pay for lost wages and benefits
- Reinstatement to their former position
- Compensation for emotional distress caused by retaliation
- Attorney’s fees and legal costs
- Punitive damages in certain cases of willful misconduct
These remedies are designed to restore fairness and deter future violations by employers.
How PLBH Advocates for Employees
At PLBH, we fight for employees who have been punished for asserting their rights under family and medical leave laws. Our attorneys:
- Review disciplinary actions to uncover signs of retaliation
- Gather documentation and witness testimony to support your case
- File complaints with the Department of Labor or state agencies
- Pursue legal action to recover compensation and job protections
We know how difficult it is to balance health, family needs, and work. Retaliation should never add to that burden.
Protect Your Rights Today
If you were written up after requesting family medical leave, don’t let your employer’s actions go unchallenged. Call PLBH at (800) 435-7542 today for a free consultation. We’ll explain your rights, evaluate your case, and help you pursue justice for unlawful retaliation.