Without a doubt, employers are not permitted to act against the employee's FMLA rights. More importantly, it is illegal for an employee to be terminated for taking FMLA leave or otherwise exercising his or her rights under the FMLA.
Under the FMLA, employers are prohibited from engaging in adverse employment actions such as: terminating or otherwise mistreating an employee who invokes his or her rights under the FMLA. Employers often run into issues when they terminate or mistreat an employee in retaliation to the employee opposing an unlawful practice under the FMLA. Employers generally "get it wrong" when they punish an employee for his or her use of the FMLA process. Simply bringing up the topic of FMLA seems to present hostility in the work environment. Sadly, many employers are so focused on the bottom line, they forget about one of the most precious elements in society--the family.
FMLA issues usually present themselves in one of two ways. First there is FMLA Interference. In FMLA Interference you will have: (1) an eligible employee, (2) a covered employer, (3) notice or entitlement to participate in FMLA, (4) denial of the leave by the employer. Second you have FMLA Retaliation, where the employee is able to participate in the FMLA activity; however, the employee is then retaliated against for his or her participation.
If you or someone you know has experienced an issue at work as a result of using the Family Medical Leave Act, whether it be interference, retaliation, or some other issue, contact our office now.
By: DaSean A. Jones | 832.224.6740