Federal and state employment statutes extend several important protections to workers. For those who have worked their jobs for a year or longer, the Family and Medical Leave Act (FMLA) can help in a personal emergency.
Under the FMLA, professionals with adequate employment history who work for large enough companies may be eligible for unpaid leave in qualifying circumstances. Workers who have just added a child to the family, received an alarming medical diagnosis or heard about a loved one’s diagnosis can potentially take up to 12 weeks of time away from work without using any paid leave that they might have.
Employers should permit unpaid FMLA leave, but some attempt to punish employees who make use of this right. The following are some of the ways in which employers might inappropriately retaliate against workers who request unpaid leave.
Demoting a worker when they return
The FMLA allows an employee to request unpaid leave without risking long-term career setbacks. They should return to the same position or a similar one for the same pay and benefits. In some cases, employers replace a worker during their leave and then move them to a lower position with a less prestigious title and lower compensation. Retaliatory demotions are a common FMLA violation.
Terminating a worker during or after leave
Another common way that employers punish workers for taking unpaid FMLA leave is by eliminating their employment. The company may start writing the worker up inappropriately or may suddenly take issue with their job performance. In some cases, employers even record FMLA leave as circumstances justifying a worker’s termination. Employees should not lose their jobs over requesting unpaid leave.
Denying a worker future opportunities
Sometimes, workers with major career ambitions end up frustrated after they take unpaid leave. Their employers may unfairly take their prior absences into consideration when making decisions about who to promote or offer the best opportunities. Exclusion from major projects and a sudden elimination of advancement opportunities can both follow FMLA leave. Workers should not have to choose between their health or family obligations and their careers.
When employers unfairly retaliate against workers, they may need help fighting back. Learning more about the protections of the FMLA can help professionals recognize when their employers may have unfairly violated their rights.