Workers can find themselves in a serious jam if they have a close family member who is diagnosed with a serious or even terminal illness. They need to provide care for their desperately ill loved ones, but they can’t afford to quit their jobs and become unemployed.
The Family Medical Leave Act (FMLA) has been in place for more than 30 years. However, that does not mean that every Indiana employer has gotten the message.
Employees who have legitimate reasons to take this leave to care for and/or support family members struggling with health crises should not face termination or other workplace abuses for exercising their legal rights.
Below is some important information for those facing FMLA retaliation.
What qualifies as retaliation?
There are multiple ways employers can retaliate against workers who take FMLA leaves of absence. They might reduce their hours or pay rates when they return or demote or even fire them.
But sometimes the retaliation could be more subtle, like icing the employee who took leave out of important meetings or reassigning plum accounts to other team members.
What can these employees do after experiencing retaliation?
There are many ways that companies can take advantage of their workers, and not all of them are connected to the FMLA. But when company owners violate the terms of the Act and retaliate against the employees taking leave, those subject to the retaliation may have legal channels to get relief.
Employment law is complex and can be hard to navigate for those without legal training. Learning more about what does and does not constitute retaliation for taking FMLA-qualified leave is a good idea if you find yourself in this untenable situation.