What are my rights regarding FMLA and termination of employment?
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What are my rights regarding FMLA and termination of employment?
I have been taking some time off from work under FMLA to care for my significant other’s medical condition. My performance is constantly under extreme scrutiny(far heavier than others),with being called in to be “counseled” and given written reprimands. In addition, I found out that the FMLA reporting paperwork is not being sent in to the company that manages FMLA for this company. I truly believe that I am being setup for termination. What course of action would be appropriate under these circumstances?
Asked on August 31, 2010 under Employment Labor Law, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Under FMLA, when an employee returns from leave, the employee is entitled to be restored to the same job the employee left when the leave began. If the same job is not available, the employer must place the employee in an equivalent job with equivalent pay, benefits, duties, and responsibilities. Under the Act, employers are prohibited from discriminating against or interfering with employees who take leaves. If an employer has violated any provisions ofFMLA, an employee may be entitled to recover:
- Reinstatement, compelled hiring, or compelled promotion
- Back pay (lost wages, salary, employment benefits, or other compensation due to the violation)
- Front pay (lost wages, salary, benefits, or other compensation in the future due to the violation)
- Retroactive seniority and benefits
- Compensatory and punitive damages (punitive damages not available against government employers for PDA violations and not available at all for FMLA violations)
- Attorneys’ fees and related court costs
If you are terminated you will need to contact your state's department of labor and an employment law attorney.
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