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Are you facing retaliation for taking an FMLA leave?

On Behalf of | Sep 13, 2023 | FMLA |

If you or a family member has a medical condition, you may need to take a leave of absence under the Family and Medical Leave Act (FMLA). However, if you’re experiencing discriminatory treatment from your employer, you may need guidance on what to do next. As an employee, it’s important to know your rights and recognize signs of retaliation if you suspect your employer is violating them.

Signs that you are

Identifying signs of retaliation when you take FMLA leave is crucial since your employer is legally prohibited from punishing you for taking leave. To help you identify potential signs of retaliation, here are some common signs to watch for:

  • Your employer suddenly becomes critical of your work performance after you return from FMLA leave.
  • Your employer demotes you or they change your job responsibilities after taking FMLA leave.
  • Your excluded you from important meetings or events after taking FMLA leave.
  • Your employer suddenly begins scrutinizing your work hours or attendance after you take FMLA leave.
  • You suddenly get negative performance evaluations or disciplinary actions after taking FMLA leave.

If you notice any signs of retaliation after taking FMLA leave, it’s crucial to act quickly. You should first talk to your employer or HR representative about the issue and try to resolve it informally. However, if the retaliation continues or your employer does not take action, exploring more protective legal options may be necessary.

Know your rights

Under federal law, and comparable state and D.C. FMLA laws, employers must not engage in certain conduct which can have legal repercussions. For instance, under the FMLA, your employer must return you to the same position you held before taking FMLA leave, or to a very similar job with the same pay and benefits. If your employer requires you to work in a position for which you have not received training, this may be a sign of retaliation in the form of changing job responsibilities. If you believe that your employer has violated your rights, taking more serious legal action may be necessary.

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