1. Workplace Discrimination
  2. FMLA Discrimination:

FMLA Discrimination:

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.