The Family and Medical Leave Act (FMLA) is a federal law that provides protected medical leave to eligible employees. FMLA retaliation occurs when an employer punishes an employee for requesting or using FMLA protected leave. Examples of FMLA retaliation range from wrongful termination to change in pay or position upon return from FMLA leave. A key component of FMLA retaliation is the financial impact of the retaliatory action.
There are several misconceptions about FMLA leave. Many employees are unaware that FMLA protected leave is unpaid leave. The FMLA does not require an employer to pay an employee during their leave. If an employee is paid during FMLA protected leave, they most likely are being paid through a short-term disability insurance policy. In certain circumstances an employer is allowed to use an employee’s paid time off (including vacation and sick time) to pay the employee during the time they are out on FMLA leave.
If you believe you are being punished for using protected FMLA leave, feel free to contact us at (205) 588-0699.
