The Family and Medical Leave Act (FMLA) is a crucial piece of federal legislation that grants eligible employees the right to take up to 12 weeks of unpaid leave annually for specific family and medical reasons. Understanding your rights under this law and what to do if you face retaliation from your employer for utilizing FMLA leave is essential.
Keep reading to learn more. If you have been the victim of retaliation in the workplace, contact PLBH at (800) 435-7542 for a consutlation with an employment law attorney.
Understanding the Family and Medical Leave Act
The FMLA applies to certain employers and employees. Governmental agencies, private sector employers with at least 50 employees for 20 or more workweeks in the previous or current year, schools, and other public agencies are covered under the FMLA. However, not all employees at these entities are eligible for FMLA leave.
To qualify for FMLA leave, an employee must have worked for their employer for at least 12 months, clocked in a minimum of 1,250 hours during those months, and work at a location where the employer has at least 50 employees within 75 miles.
Employer Obligations Under FMLA
Employers are required to allow up to 12 weeks of unpaid leave to eligible employees for certain qualifying reasons without terminating them. These reasons can include serious health conditions, caring for a family member, childbirth, adoption, foster care placement, or emergencies related to a family member’s active military duty. During this period, employers must maintain the employee’s health benefits.
What is Considered FMLA Retaliation?
FMLA retaliation occurs when an employer unlawfully denies a valid leave request or punishes an employee for taking FMLA leave. This punishment can manifest as refusal to grant the leave, termination, demotion, loss of wages or hours, missed job opportunities, or workplace harassment.
Identifying Signs of FMLA Retaliation
Retaliation may be present if an employee faces negative consequences for taking FMLA-approved leave. This could include termination, demotion, reduction in hours or wages, loss of career advancement opportunities, or harassment. If you suspect FMLA retaliation, it’s crucial to seek legal advice promptly, as these claims are often time-sensitive.
Employers cannot demand an early return from FMLA leave or impose work-related responsibilities during this period. An employer’s attempt to limit your activities during FMLA leave or retaliate against you upon return is illegal.
Legal Recourse for FMLA Retaliation
If you believe you’re a victim of FMLA retaliation, you have the right to pursue legal action against your employer. This can be done through a civil lawsuit or by filing a complaint with a relevant government agency. The goal is to address the unlawful employment practices and seek appropriate remedies.
Defending Your FMLA Rights
It’s vital to understand and assert your rights under the FMLA. If you face retaliation for taking FMLA leave, legal support is available to help you navigate this complex situation. At PLBH, we are committed to defending the rights of employees who have been unjustly treated in FMLA cases. For a comprehensive case evaluation and guidance on how to proceed, contact us at (800) 435-7542.