If an employer discharges or refuses to reinstate an employee after providing 12 weeks of FMLA leave, can the employer be held liable for retaliation against the employee for taking such leave?
Yes. Just because an employer has granted an employee 12 weeks of leave under the FMLA, does not mean the employer’s risk of liability has been eliminated. Reinstatement also is required in the employee’s former position or a comparable job. In addition, there can be no other penalties. An employee who claims that as a result of taking protected FMLA leave, he or she has been subjected to an adverse employment action, such as a demotion or decrease in salary, can sue under the FMLA anti-retaliation prohibition.
Related Questions
- If an employer discharges or refuses to reinstate an employee after providing 12 weeks of FMLA leave, can the employer be held liable for retaliation against the employee for taking such leave?
- If an employer fails to tell an employee that the leave is FMLA leave, can the employer count the time the employee has already been off against the 12 weeks of FMLA leave?
- When may an employer refuse to allow an employee to take FMLA leave or refuse to reinstate an employee after such leave?
