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What is Family and Medical Leave Act retaliation?

As you probably know, there are laws in place to protect employees who exercise their rights in regards to the Family and Medical Leave Act (FMLA).

Despite the fact that there is federal protection in place, there are still times when employers engage in some type of FMLA retaliation. There are many forms of retaliation, such as when an employer terminates a person's employment for taking FMLA leave.

Other forms of retaliation include:

  • Demoting the person to a lesser position after returning from FMLA leave
  • Taking away or changing a person's job responsibilities
  • Denying FMLA leave altogether

The Family and Medical Leave Act is in place to provide certain categories of employees with up to 12 weeks of leave during a 12-month period for things such as the birth of a child or to care for a loved one with a serious illness.

The law states that an eligible employee who takes FMLA leave is entitled to return to their former position when the time comes.

At our law firm, we have come across entirely too many cases of FMLA retaliation. While this is not always easy to pinpoint at first, the right approach makes it easier for a person to see that they are being treated unfairly.

If you have any reason to believe that you or a loved one has been the victim of FMLA retaliation, it's time to learn more about your legal rights. Although you obviously don't want to have a conflict with your current or former employer, you need to understand the importance of protecting your rights.

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