FMLA Interference vs. FMLA Retaliation in Tennessee
Under the federal Family and Medical Leave Act (FMLA), eligible employees who work for covered employers may take up to 12 weeks of unpaid, job-protected leave for certain family or medical reasons, with continued employer-sponsored health coverage. Employers generally may not interfere with an eligible employee’s FMLA rights or retaliate against an employee for exercising those rights. By learning what distinguishes FMLA interference vs. retaliation, you can better understand whether your employer’s actions may violate the law and whether you may have grounds for a legal claim.
What Is FMLA Interference?
Eligible workers may be able to bring an FMLA interference claim if their employer tries to prevent them from taking legally protected leave. FMLA interference occurs in various ways, such as:
- Discouraging the employee from taking FMLA leave
- Complaining that taking leave will create burdens for the employer
- Implying that the employee could face adverse consequences for taking protected leave
- Changing an employee’s work hours or other employment conditions in an effort to prevent the employee from becoming eligible for FMLA leave
Employers can also take more overt steps to interfere with an employee’s FMLA rights, such as explicitly denying leave requests.
What Is FMLA Retaliation?
An FMLA retaliation claim may arise if an employer takes adverse action against an employee for taking FMLA leave. Retaliation may occur during the employee’s leave or after the employee returns to work.
Examples of adverse employment actions that may constitute FMLA retaliation include:
- Wrongful termination
- Denying promotions, pay raises, or bonuses
- Demotions
- Other adverse consequences because the employee exercised their FMLA rights, such as reducing work hours after taking leave, disciplinary actions, or negative performance reviews
FMLA retaliation may also include any adverse actions taken against an employee for filing a complaint or charge related to the FMLA. Co-workers or others may also experience retaliation if an employer takes adverse action against them for giving information or providing testimony during an FMLA inquiry or proceeding.
How Can You Tell If Your Employer Violated Your FMLA Rights?
Determining whether an employer violated your FMLA rights requires looking closely at your employer’s actions before, during, and after you requested or took leave. Potential warning signs may include subtle comments made about how much extra work your coworkers will inherit because of your leave or adverse actions that occur after or around the time you took leave, such as a change to your work schedule or being reassigned less desirable duties that were someone else’s responsibility before you took leave.
Even then, it can be difficult to separate FMLA retaliation and interference. Because FMLA rights and protections depend on factors such as your eligibility, your employer’s coverage, the reason for your leave, and what your employer did in response, it may be a good idea to have an experienced employment attorney review the circumstances and help you understand whether you may have a claim.
What Should You Do If You Believe Your FMLA Rights Were Violated?
Steps you should take if you suspect your employer has violated your FMLA rights include:
- Gather records of your leave requests, all communications with your employer, and relevant medical documentation.
- Document specific examples of suspected FMLA interference or retaliation.
- Identify witnesses to interference or retaliatory conduct by managers and supervisors.
- Keep copies of your pay records.
Presenting this information to a lawyer during an initial consultation can help determine whether you may have grounds to file a claim and identify potential defenses your employer may have to an FMLA interference or retaliation claim.
Speak With a Nashville FMLA Lawyer
At the Employment and Commerce Law Group, we know that life circumstances can change at a moment’s notice. When those circumstances affect your ability to work, labor laws established under the Family and Medical Leave Act can provide valuable job security while you manage the challenges at home. If your employer interferes or retaliates against you for taking protected leave, our Nashville FMLA attorneys can stand up to enforce your rights
With nearly 40 years of combined legal experience, our past results include significant recoveries in employment cases, including $400,000 for one client in an FMLA case. Past successes cannot guarantee future outcomes.
Ready to learn more? Call or contact us today for a free consultation about your FMLA claim.
