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What is FMLA retaliation?

Simply put, FMLA retaliation is when an employee regrets taking Family Medical Leave due to the actions of his/her employer. An example would be; after an employee returns from medical leave the employer begins treating the employee differently than they did prior to the employee’s leave, by creating more work for the employee, calling the employee derogatory names, spreading rumors about the employee or discharging the employee for taking medical leave.

These types of cases are increasing throughout the US, and employers and employees need to know that this type of behavior is illegal and can lead to lawsuits. FMLA prohibits employers from taking any retaliatory action against an employee who takes FMLA. If you feel you have been retaliated against for taking FMLA you should contact an attorney to review your case, they can tell you if you have a claim and will likely walk you through the process of working it out.

Family Medical Leave is a federal law, so employers in all states must comply with it, though some states have other types of leave that also benefit employees.