The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons. Under this law, employees can take time off to care for their own serious health condition, a family member’s serious health condition, or the birth or adoption of a child, without fear of losing their job. However, despite these protections, some employees may face retaliation at work because they exercise their FMLA rights. For that reason, it’s crucial that you understand what FMLA retaliation at work looks like and learn what steps to take.
What is FMLA Workplace Retaliation?
FMLA retaliation occurs when an employer takes adverse action against an employee for taking or requesting FMLA leave. This workplace retaliation can take many forms, including but not limited to demotion, reduction in pay or hours, or termination. The law strictly prohibits such actions, ensuring that employees can take necessary leave without fear of retribution.
Examples of FMLA Retaliation at Work
Termination While Seeking, During, or Upon Return From FMLA
Scenario: Mindy tells her supervisor that she needs to take leave to care for her husband who is having surgery soon. Before she even leaves, she notices that her supervisor starts giving her the cold shoulder and excludes her from emails inviting colleagues to apply for a promotion. While she is on leave, her supervisor begins digging into her past work, documents errors, and uses them to discipline her when she returns.
Why It Could Be Retaliation: Excluding Mindy from professional opportunities and subjecting her to stricter standards because she went on leave suggests her supervisor is penalizing her for exercising her FMLA rights.
Discipline or Demotion After Return from Leave
Scenario: Laura took FMLA leave to care for her newborn child. When she returns, she learns that she has been demoted from her managerial position to a lower-level role, with fewer responsibilities and reduced pay.
Why It Could Be Retaliation: Laura’s demotion directly correlates with her taking FMLA leave, suggesting that the employer is penalizing her for exercising her rights.
Negative Performance Reviews
Scenario: John has consistently received positive performance reviews. However, after taking FMLA leave to recover from surgery, his supervisor begins to document minor infractions and gives him an unusually negative review.
Why It Could Be Retaliation: The sudden shift in John’s evaluations following his FMLA leave suggests potential retaliation.
Reduction in Hours
Scenario: Janice took FMLA leave to care for her ailing parent. When she returned to work, she discovered that her hours had been significantly reduced, impacting her income and benefits.
Why It Could Be Retaliation: Reducing her hours upon return from FMLA leave can be seen as a punitive action linked to her taking leave.
Exclusion from Opportunities
Scenario: Lakesha was up for a promotion before taking FMLA leave to handle a medical condition. After returning, she is excluded from important projects and meetings, and the promotion is given to a less qualified colleague.
Why It Could Be Retaliation: Excluding Lakesha from advancement after her leave suggests that her FMLA leave is being held against her.
What to Do If You Experience FMLA Retaliation at Work
If you believe someone is retaliating against you for taking FMLA leave, it is crucial to take immediate action to protect your rights:
- Document everything you believe suggests retaliation. Keep detailed records of all interactions, performance reviews, and any changes to your employment after you request or take FMLA. This documentation can be critical if you need to prove retaliation.
- Report the retaliation. Notify your Human Resources (HR) department or a higher-level manager, providing specific examples and any supporting documentation.
- File a complaint with the U.S. Department of Labor (DOL). If the retaliation is not resolved, consider filing a complaint with the Wage and Hour Division of the DOL, which will investigate your claim.
- Consult with an employment attorney. An experienced employment attorney can provide valuable guidance on your rights and the best course of action.
Key Takeaways
Employees should never have to choose between their job and their health or family responsibilities. If you feel you have suffered workplace retaliation for exercising your FMLA rights, do not remain silent. Take action by documenting the retaliation, reporting it to your employer, and seeking assistance from the DOL or an employment attorney. Protecting your rights under the FMLA is not just about your individual situation — it’s about upholding the integrity of the workplace and ensuring that all employees can exercise their rights without fear of retribution.
If you have any questions or would like more information on the issues discussed above, please contact us.
Please note: this is not legal advice and you should not act on it. At the time this article was written, the information was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.