You Are Protected From Employer Retaliation For Taking Leave

Up to 12 weeks of unpaid leave must be provided to employees of companies with 50 or more workers under the FMLA (Federal Family Medical Leave Act). Leave must be provided for the following:

  • A serious health condition applying to the employee
  • To care for a seriously ill parent
  • Care for a seriously ill child
  • Care for a registered domestic partner
  • Care for a spouse
  • The adoption or birth of a child

For you to be out of work, your employer might not be particularly happy. Nonetheless, the law is the law. Until you return, they must hold your job open. Just because you have taken the above-mentioned leave, you cannot be harassed or discriminated against in any way by your employer. Unfortunately, employer retaliation for taking leave is not uncommon. If you feel that you have been retaliated against because you took leave for one of the above-stated reasons, contact an attorney.

You Are Not Without Responsibility

Your employer’s notification procedure must be followed to the letter if you need to take leave due to a medical issue. Before you take time off, if your employer is requesting doctor certification regarding why leave is necessary, this must be taken care of. This even applies if, rather than continuously, you’re taking the FMLA time off intermittently.

If you provided the appropriate documentation, and have followed all of your employer’s notification procedures, yet still feel you suffered some kind of retaliation, it’s time to talk to a lawyer.

Family Leave Retaliation

 The following are family leave retaliation examples that may be executed by an employer:

  • Termination
  • Letter of reprimand
  • Harassment
  • Decreased pay
  • Objectionable work schedule
  • Benefits loss
  • Transfer
  • Denied for an earned promotion
  • Demotion

Proving Family Medical Leave Retaliation

There are certain things that must take place or be shown if you hope to prove an employer retaliated against you for taking leave. According to the law, when you make an FMLA retaliation claim, the following must be demonstrated:

  • Regarding the adverse employment action/actions you feel has/have occurred, your protected FMLA activity was the cause. If something else was the reason for your employer’s actions, this will present a problem.
  • A materially adverse employment action was suffered by you. In other words, you were a victim of retaliation from your employer because you took leave.
  • In an FMLA-protected activity, you were engaged while on leave.

Don’t be surprised, once you discuss the above-stated information with your employer, if they come up with some other reason for their actions that is completely and totally unrelated to retribution. To demonstrate true retaliation, you and your lawyer will need to sort this out.

Carcich and O’Shea – FLSA Experts

When it comes to FMLA, Carcich O’Shea knows it inside and out. With any and every New Jersey and New York law pertaining to employment, we have complete understanding and are fully educated. While we are relentless in the courtroom, we are compassionate to your cause. Are you tired of trying to get someone interested in your story of unpaid overtime, workplace discrimination, employer retaliation, unequal pay, and more? We promise – we will listen!

Contact us today to discuss work and/or employment problems that you feel may be against the law.

Contact us