The Family and Medical Leave Act (FMLA) gives eligible employees the right to take leave from their jobs for family or medical reasons, such as having or adopting a baby, attending a funeral, taking care of a family member, or for your own serious health condition. Employers may not interfere with employees’ taking that leave, and they may not retaliate against employees who take it. Any kind of discrimination that occurs in the workplace should not be tolerated.
Family and Medical Leave (FMLA)
Examples of FMLA AbuseYou may have a claim under the Family and Medical Leave Act (FMLA) if:
- Your employer “punishes” you for taking approved leave by giving you extra work when you return or holding you responsible for work you missed while on approved leave;
- Your employer fails to return you to the same terms and conditions of the job you held before you left on leave. For instance, your employer cannot give you an entirely different and more difficult job when you return from leave even if your pay is the same;
- Your employer wrongfully fails to approve your request for leave under the FMLA by requiring certification beyond what the law requires;
- Your employer terminates you while you are on approved leave unless the employer can prove it intended to terminate you before it approved your leave