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FMLA Discrimination

Protecting Your Right to Take Family and Medical Leave​

The Family and Medical Leave Act (FMLA) provides critical job-protected leave to employees who need time off for their own serious health condition, to care for a family member, or to bond with a new child. Yet some employers respond to FMLA leave requests with hostility, by denying leave, interfering with an employee’s rights, or retaliating against them for taking time off.
We represent employees who have experienced FMLA discrimination or retaliation. If your employer punished you for requesting or taking FMLA leave, you may have a legal claim.

What Is FMLA Discrimination?​

FMLA discrimination occurs when an employer interferes with an employee’s rights under the FMLA or takes adverse action against the employee for exercising those rights. Common examples include:
  • Denying FMLA leave to eligible employees.
  • Discouraging or pressuring an employee not to take leave.
  • Terminating or demoting an employee while on leave.
  • Reducing hours, pay, or responsibilities after returning from leave.
  • Retaliating against an employee who requested leave or complained about violations.
Employers must not only allow eligible leave, but must also reinstate employees to the same or equivalent position upon return, and refrain from treating them differently because of their leave.

Who Is Eligible for FMLA Leave?​

To qualify for FMLA leave, an employee must:
  • Work for a covered employer (typically one with 50 or more employees within a 75-mile radius).
  • Have worked for the employer for at least 12 months (not necessarily consecutive).
  • Have worked at least 1,250 hours during the 12 months prior to taking leave.
Covered employees may take up to 12 weeks of unpaid, job-protected leave in a 12-month period for:
  • Their own serious health condition.
  • A family member’s serious health condition.
  • The birth, adoption, or foster care placement of a child.
  • Certain military family needs (known as “qualifying exigencies”).
Employees may also take up to 26 weeks to care for a service member with a serious injury or illness.

Signs of FMLA Discrimination or Retaliation​

Watch for warning signs that your employer may be violating your rights:

  • Your leave is denied without clear explanation.
  • You're pressured to return to work early.
  • You’re replaced or demoted during or after your leave.
  • You're given a poor performance review upon returning.
  • You’re fired shortly after requesting or taking leave.

If any of these situations sound familiar, you may be protected under the FMLA.

How We Can Help

We understand how stressful it can be when your employer interferes with your medical or family leave. We will review your case, explain your rights, and help you pursue justice if your FMLA rights have been violated.

If you believe your employer has discriminated against you for taking family or medical leave, contact us today for a free and confidential case evaluation.

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