Woman at desk covering her hands after her FMLA claim was denied.

Preventing Retaliation: Standing Up for Your FMLA Rights

The Family and Medical Leave Act (FMLA) is a federal law designed to protect your right to take time off of work due to certain family and medical reasons, such as serious health conditions, childbirth, adoption, or to care for a family member with a serious health condition. However, exercising these rights can sometimes put you at odds with your employer and can lead to potential retaliation. At Nichols Kaster PLLP, we advocate for employees' rights and stand ready to help you navigate the complexities of the FMLA.

Understanding Your Rights Under the FMLA

The FMLA entitles eligible employees to up to 12 weeks of unpaid leave in a 12-month period for a qualifying reason. Your employment is protected during this time, and your employer must maintain your health benefits. It's crucial to understand that these rights are not mere privileges but are guaranteed by federal law.

Retaliation is illegal under the FMLA. You can seek legal remedy if your employer retaliates against you for exercising your FMLA rights — for example, subjecting you to discipline, demotion, termination, or a hostile work environment.

Recognizing Retaliation

Retaliation can sometimes be subtle and not always easy to recognize. Some examples can include:

  • Negative performance reviews:
  • Exclusion from important meetings;
  • Being passed over for promotions; or,
  • Termination.

If you notice any negative employment actions or changes at your job after requesting or taking FMLA leave, it could be a sign of retaliation.

Standing Up for Your Rights

If you believe you're facing retaliation for exercising your FMLA rights, it's essential to take prompt action. Document any potential retaliatory actions, keep records of your FMLA leave, and consider communicating your concerns to your HR department in writing.

However, confronting your employer alone can be daunting. That's where Nichols Kaster PLLP comes in. Our firm has extensive experience in employment law and a proven track record of advocating for employees. We'll help you understand your rights, guide you through the legal process, and work tirelessly to ensure justice is served.

Seek Legal Assistance

Dealing with FMLA retaliation can be stressful and challenging, but you don't have to navigate this journey alone. If you're ready to stand up for your FMLA rights, we're here to help. Nichols Kaster PLLP is committed to protecting employees from unfair treatment and retaliation, and our team of experienced lawyers will fight for you every step of the way.

You have the right to exercise your rights without fear of reprisal — contact Nichols Kaster PLLP so we can start reviewing your case.