The Family Medical Leave Act was put in place so people would be able to take time off from work in order to either care for someone in their family who is ill or for pregnancy. Employers who try to fire someone when they attempt to take their leave or prevent an employee from taking their leave is acting illegally, and is liable for lost wages and attorney fees.
Who Can Take a Leave?
The FMLA covers up to 12 weeks of leave over a one-year period. This can be used for the birth of a baby, to care for an immediate family member with an illness, to deal with a personal serious health condition, or to respond to an urgent need or demand related to an active service member who is immediate family. Twenty-six weeks are given if an immediate family member needs to care for an injured service member.
What Does Retaliation Look Like?
If you decided to take your leave non-consecutively, your employer might dislike this practice and retaliate against you. This retaliation can include giving you the same amount of work despite the fact that you are supposed to be working less. They may also try to demote you or pay you a lower salary despite the fact that you are entitled to a leave of this kind through the FMLA. If you decided to take your 12 weeks all at once, it is required that upon your return, your position still be available to you – or at least an equivalent position. You may be facing retaliation if you have been demoted, lose seniority, or are required to do an entirely different job upon your return.
What Should You Do?
If you feel that you have been the victim of retaliation, make sure you document everything your employer has said to you regarding the position, and then reach out to an attorney.
The attorneys of Weldon & Rothman provide representation for FMLA cases. Weldon & Rothman will hold your employer accountable. Call (239) 262-2141 to schedule your free consultation at Weldon & Rothman in Naples, Florida today.