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Retaliation is not allowed under FMLA

On Behalf of | Sep 20, 2021 | Workplace Discrimination |

Residents of Alameda County and other nearby areas of California may be interested in learning more about the protection offered by the Family and Medical Leave Act (FMLA). You may need to take time off work to care for a sick family member or are pregnant and need to take leave. FMLA entitles you to take unpaid, job-protected leave as well as have continuation of your health coverage.

According to the U.S. Department of Labor, there are protections for you, similar to the same conditions as another employee who did not take leave. Moreover, your employer may not deny your use of FMLA in taking a leave.

Discrimination is not allowed

Your employer may not discriminate against you for the use of FMLA. They may also not retaliate against you. This is a part of this Act; retaliation is not allowed.

If you oppose or complain about unlawful practices

Your employer may not fire you if you complain about their disregard for FMLA law. They may also not discriminate against you for making your complaint.

What type of companies does FLMA cover?

It applies to all public agencies. This includes federal, state and local governments. It also is valid for private companies with more than 50 employees.

Prohibition of certain conduct

FMLA does not allow some actions taken by your employer. They include the following:

  • Manipulating your hours to avoid responsibility under FMLA
  • Refusing to authorize FMLA
  • Discouraging an employee from taking FMLA leave
  • Using the fact that an employee may take FMLA leave to prevent promoting or hiring them

Who enforces the FMLA?

The Wage and Hour Division of the Department of Labor investigates all complaints. The Department of Labor is the agency that brings about court action if necessary.

FMLA has strict prohibitions against retaliation and discrimination that an employee might face as a result of using an FMLA leave for family medical reasons or a pregnancy. Know that you are safe from punishment and have protection for using this special leave from work.

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