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What does FMLA discrimination in the workplace look like?

On Behalf of | Apr 21, 2020 | FMLA Discrimination

When an employee suffers certain consequences for exercising his or her rights in Florida workplace, it could be grounds for a lawsuit. One of these rights is the ability to take leave under the Family Medical Leave Act. This is a law that provides workers the ability to take needed time off when they have a baby, adopt a child, need to care for a sick family member or need treatment for a specific type of illness.

The FMLA is a federal law that mandates most employers to hold workers’ jobs for up to 12 weeks when they need family or medical leave. The law does not require that employers pay workers, but this allows employees to take time without fearing they will lose their jobs. Employers don’t always like it when an employee takes FMLA leave, and the worker may return to a hostile work environment or face certain types of discrimination upon return.

FMLA discrimination can take many forms. It may look like demeaning comments from an employer or co- workers, or it can take more direct forms. An employer may refuse to promote a deserving employee, reduce hours, refuse to allow the employee to return or even terminate the employee. 

If a Florida employee experiences FMLA discrimination, it could be grounds for a lawsuit. The civil justice system provides a way for employees to pursue recourse when they are victims of discrimination or other types of illegal treatment. Experienced legal representation can be useful for an employee who believes he or she may have grounds for a claim.