Austin FMLA retaliation attorneys will help you if you’ve been fired while out on leave under the FMLA.
The Family and Medical Leave Act
The Family and Medical Leave Act, signed into law in 1993, guarantees an employee’s right to take time off of work due to:
- Personal illness or injury
- The illness or injury of a family member
- The arrival of a new child, either through birth or adoption
Employees are legally entitled to up to twelve weeks of medical leave per year, although employers may decide whether this time off will be paid or unpaid. If the company cannot reserve an employee’s position while he or she is on leave, the employee is entitled to a job with equal pay, benefits, and responsibilities.
Retaliation under the FMLA
Unfortunately some employers do not approve of workers taking time off, even for valid medical reasons. These employers may try to discourage medical leave by retaliating against any worker who requests it. Forms of retaliation include:
- Undeserved discipline or negative evaluations
- Unfairly passing the employee over for promotions
- Undeserved termination, demotion, or undesirable assignments
The FMLA and the Fair Labor Standards Act (FLSA) clearly state that retaliation for legitimate medical leave is against the law.
Fighting Back with Austin FMLA Retaliation Attorneys
If your employer is attempting to punish you for taking time off to care for yourself or a family member, you do not have to accept this behavior. Knowledgeable Austin FMLA retaliation attorneys can review your case, offer the legal advice you need, and argue for your rights in court.