A federal legislation called the Family Medical Leave Act (better known as the FMLA) enables employees of an eligible organizations to take up to 12 weeks of unpaid, work-protected leave to cope with, heal from or provide treatment for their own significant medical illness or dependents. Under the security of the FMLA, an employee cannot be dismissed for medical leave and must be recalled to the same position or a significantly similar/equivalent one without lack of pay, hours, perks or main obligations – kept prior to leave. The FMLA also maintains that the employee's employer-provided health care coverage stays uninterrupted during any period of absence.
In addition, employers are forbidden from taking "disciplinary actions" against their workers in connection with an FMLA leave. Any other retaliatory or unfair action leading to an authorized FMLA leave may be taken before a court of law.
In the form of FMLA claims, adverse action is characterized similarly to how it is used in other employment law contexts; it is a detrimental action that affects some aspect of the employer/employee relationship. This could include:
- Wrongful termination
- Promotion/demotion decisions
- Loss of benefits
- Loss of responsibilities
- And many more
If an organization discriminates against or retaliates against an employee for seeking benefits guaranteed under the FMLA, the employee may be entitled to extra payout in a discrimination suit.
- Can I Receive My Bonus While on FMLA Leave?
- Can I Sue for FMLA Discrimination?
- Can My Supervisor Require Me to End My FMLA Leave Early?
- Denied FMLA Leave
- Denied FMLA While Pregnant
- Denied a Promotion Because of FMLA Leave
- Do I Have an FMLA Claim?
- Do I Need An Attorney For My FMLA Case?
- FMLA Discrimination Examples
- FMLA Discrimination Remedies
- How to File an FMLA Claim
- I Was Fired For Taking FMLA Leave
- I Was Reinstated To A Different Position Returning From Leave
- My Insurance Was Cut Off During FMLA Leave
- Sample FMLA Complaint
- Situations that Qualify for FMLA
- What Are Ways An Employer Violates FMLA?
- What Damages Are Available In an FMLA Claim
- What Health Conditions Are Covered Under the FMLA?
- What is the FMLA?
- What Kinds of Leave Are Protected Under the FMLA?
- What Qualifies You For FMLA?
- When Should You Talk To An FMLA Attorney?
- What To Do If I Was Fired Because I Am Pregnant
- Who Is Eligible For FMLA?