Know Your Rights When Taking Family or Medical Leave

Retaliation against an employee for taking medical leave is a topic workers discuss frequently. An employee returns from an approved medical leave only to face a demotion, pay cut, or termination. You may be wondering what you should do if this exact scenario happens to you.

President Clinton signed the Family and Medical Leave Act (FMLA) into law in the 1990s to protect your job security. If your company violated the law, it is important to know your rights when taking family or medical leave. Read on to learn what you should do if your employer illegally punishes you for using family or medical leave and contact our team at Wanta Thome Employment Lawyers for your case evaluation.

Understanding Your FMLA Rights

The FMLA gives eligible workers up to 12 weeks of unpaid, job-protected leave per year for major family and medical needs, such as a serious illness, caring for a family member, or the birth or adoption of a child. It also requires companies to keep your health insurance benefits active during this time and restore you to the same or an equivalent job when you return.

However, there are some eligibility requirements. You must be employed by a covered company with 50 or more employees within a 75-mile radius for at least a year. You must also have logged at least 1,250 hours of work within the previous 12-month period to qualify.

Understanding the FMLA and the rights it provides you is critical to advocating for yourself in the workplace. For more information, schedule your private consultation with Wanta Thome.

How To Spot Illegal Retaliation When Taking Leave

As you may know, a violation of the FMLA happens when an employer punishes you for using your legal right to take family or medical leave. Signs of illegal retaliation can include:

• Sudden negative performance reviews immediately after returning, even though your past work was great
• Reduced hours, pay, or shifts
•  Transfer to a less desirable role or location
• Direct termination citing a company-wide restructuring
• Disciplining you for small infractions that others aren’t disciplined for
• Leaving you out of important team meetings or training

If you have witnessed or experienced any of these forms of retaliation, reach out to an FMLA attorney from our team to learn more about your rights.

How Can You Fight for Your Legal Rights?

Under federal law, it is illegal for an employer to retaliate or interfere with your right to take medical leave. However, to meet the legal standard, you must prove that your protected leave was the real reason for the negative action. If you were unfairly treated when you returned to work, make sure to document the evidence and take the following steps to protect your livelihood:

• Keep copies of your FMLA approval notices, emails, text messages, and performance reviews
• Write down a timeline of events with dates and names of witnesses
• File a written complaint with your human resources department to create a formal record
• File a complaint with the Department of Labor’s Wage and Hour Division
• Consult a seasoned employment retaliation lawyer to discuss filing a private lawsuit for lost wages, benefits, and damages

Knowing what you need to do to protect yourself from employer retaliation is as important as understanding your right to take family or medical leave.

Learn More About Your Rights When Taking Family or Medical Leave By Contacting Wanta Thome Employment Lawyers

Getting fired for taking family or medical leave in Minnesota requires urgent legal action because a strict one-year deadline applies. You must act quickly to build a paper trail that supports your claim. Our local, award-winning law firm can help.

Make sure you know your rights when taking family or medical leave by contacting Wanta Thome for a complimentary consultation. You can count on us to take swift action you can trust. Deadlines move fast, and losing time means losing your right to recover damages. Reach out today to discuss your situation.