The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons. As a result, 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. Falling victim to workplace retaliation is unfortunate, yet common! 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.
Here are Some Examples of FMLA Retaliation at Work
Termination While Seeking FMLA, While on FMLA, or Upon Return From FMLA
- Scenario: Mindy tells her supervisor that she needs to take sick leave to care for her husband who is having surgery soon. She coordinates with HR the days that she will be away from the office. She hasn’t yet left, when she notices that her supervisor starts giving her the cold shoulder and excludes her from emails sent to all her colleagues inviting them to apply for a promotion. Shortly after, Mindy goes on leave. While she is away her supervisor notices that Mindy’s replacement performs better than Mindy. The supervisor starts digging into work previously done by Mindy and finds errors. As a result, the supervisor begins to document these past faults and uses them to discipline Mindy when she comes back from leave.
- Why It Could Be Retaliation: Excluding Mindy from professional opportunities that could lead to career advancement could suggest retaliation from her supervisor. Similarly, subjecting Mindy to stricter work rules or standards because she went on leave suggests her supervisor is penalizing her.
Discipline or Demotion After Return from Leave
- Scenario: Laura took FMLA leave to care for her newborn child. When she returns from leave, she learns that someone demoted her 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 throughout his employment. However, after taking FMLA leave to recover from surgery, his supervisor begins to document minor infractions and gives him an unusually negative performance review.
- Why It Could Be Retaliation: The sudden shift in John’s performance evaluations following his FMLA leave suggests potential retaliation by his employer.
Reduction in Hours
- Scenario: Janice took FMLA leave to care for her ailing parent. When she returned to work, she discovered that someone significantly reduced her hours, impacting her income and benefits.
- Why It Could Be Retaliation: Reducing Maria’s hours upon her 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 notices that she is being excluded from important projects and meetings, and the promotion is given to a less qualified colleague.
- Why It Could Be Retaliation: Excluding Lakesha from professional opportunities and advancement after her leave suggests that her FMLA leave is being held against her.
What to Do If You Experience FMLA Retaliation at Work
Do you believe someone is retaliating against you for taking FMLA leave? Then, it is crucial to take immediate action to protect your rights:
- Document Everything You Believe Suggests Retaliation at Work
- Be on the lookout for any changes to your employment after you request or take FMLA as this could suggest workplace retaliation. Keep detailed records of all interactions, performance reviews, and any changes. This documentation can be critical if you need to prove retaliation.
- Report the Retaliation at Work
- Notify your Human Resources (HR) department or a higher-level manager about the retaliation. Provide them with specific examples and any supporting documentation you have gathered.
- File a Complaint with the U.S. Department of Labor (DOL)
- If the retaliation at work is not resolved, consider filing a complaint with the Wage and Hour Division of the DOL. The DOL will investigate your claim and take appropriate action if they find evidence of retaliation.
- Consult with an Employment Attorney
- An experienced employment attorney can provide valuable guidance on your rights and the best course of action.
Key Takeaways of Retaliation at Work Scenarios
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.
For more information on FMLA rights and workplace retaliation, visit the U.S. Department of Labor’s website or contact a local employment law professional. Your health and family are paramount, and so are your rights at work.
By staying informed and proactive, you can help create a fair and just workplace for everyone.
Please Note: This is not legal advice and you should not act on it. At the time this article was written, the information contained within it 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.