New York FMLA Retaliation Attorney
Retaliation for FMLA Leave? We're Here to Help
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Retaliation under the FMLA occurs when an employer punishes or discriminates against an employee for taking or requesting FMLA leave. This includes firing, demotion, pay cuts, or unfavorable work assignments. FMLA allows eligible employees to take up to 12 weeks of unpaid leave for family or medical reasons. Retaliation violates both the federal FMLA (29 U.S.C. § 2615) and New York Labor Law § 740 that are designed to protect workers from being punished for exercising their rights under the law.
Can an Employer Fire an Employee for Taking FMLA Leave?
An employer can’t fire an employee solely for taking FMLA leave. However, if the employee's position would have been terminated for unrelated reasons, the employer may proceed with the termination. A common example is if a department is undergoing layoffs, FMLA leave does not shield the employee from being laid off. Pursuant to 29 CFR § 825.216, employees are not entitled to greater job protection than they would have without the leave.
What Rights to Employees Have Under the FMLA?
Employees are entitled to take up to 12 weeks of unpaid leave within a 12-month period for specific family or medical reasons without fear of retaliation. Upon return, employees have the right to be restored to their original job or an equivalent position with similar pay and benefits. Federal protections are outlined in 29 U.S.C. § 2614. New York has similar protections included in the New York State Human Rights Law (NYSHRL).
What are Examples of FMLA retaliation?
Examples include an employer firing an employee after they requested or took FMLA leave, demoting them, cutting their pay, or changing their work duties in a way that makes their job more difficult. Other forms of retaliation include denying promotions or refusing to reinstate an employee to their former role. Under 29 U.S.C. § 2615, these acts are prohibited by law.
How Can an Employee Prove FMLA Retaliation?
Employees must show they engaged in a protected activity (i.e., taking FMLA leave), the employer took adverse action against them, and there was a connection between the leave and the adverse action. This can involve providing evidence such as emails, performance reviews, or timing of the adverse actions that suggest retaliation. Federal courts and New York state courts may consider these elements when reviewing cases under 29 U.S.C. § 2615.
How Do I File a Complaint About FMLA Retaliation?
Employees can file a complaint with the U.S. Department of Labor's Wage and Hour Division (WHD) or file a lawsuit in federal court under 29 U.S.C. § 2617. Employees have two years to file unless the retaliation was willful, in which case they have three years. In New York, employees may also file under state protections such as New York Labor Law § 740.
Employees are allowed to sue their employers for FMLA retaliation. Under 29 U.S.C. § 2617, an employee may be entitled to compensation for lost wages, reinstatement, or other damages if the retaliation can be proven. Additionally, in New York, employees may bring a case under NY Labor Law if the employer’s actions violated state-specific protections.
What Evidence Do You Need to Prove FMLA Retaliation?
Key evidence includes documentation of FMLA requests, emails or communications showing retaliation, performance reviews, and testimony from colleagues. A strong case typically demonstrates a connection between the employee taking leave and the employer’s adverse actions, such as changes in duties or termination shortly after the leave. The timing of the employer’s action can be crucial for establishing causation under 29 U.S.C. § 2615.
How Long Does it Take to Resolve an FMLA Retaliation Case?
The timeline can vary based on the complexity of the case, the type of investigation or litigation involved, and whether the case is settled out of court. Administrative complaints may take several months, while lawsuits could take a year or longer, depending on the court’s schedule. New York courts often handle these cases under both state and federal law, extending the process.
What if My Employer Retaliates Against Me for Filing an FMLA Retaliation Claim?
Retaliating against an employee for filing a claim or exercising their FMLA rights is illegal. Employers who take adverse actions against employees after filing a complaint or lawsuit face additional liability under federal law (29 U.S.C. § 2615) and state law (New York Labor Law § 740).
What Damages Can I Recover in an FMLA Retaliation Case?
Employees may recover lost wages, salary, benefits, and other compensation they would have earned if the retaliation hadn’t occurred. They can also be awarded liquidated damages, which are equal to the lost wages and benefits, under 29 U.S.C. § 2617. In cases of willful retaliation, employees may also receive compensation for emotional distress.
Can I Be Reinstated to My Job After FMLA Retaliation?
Reinstatement is one of the potential remedies in an FMLA retaliation case. Under 29 U.S.C. § 2614, employees are entitled to return to their previous role or an equivalent one. Courts can order reinstatement if the employee wins their case, and the employer is required to comply with this order.
Can I Be Compensated for Emotional Distress in an FMLA Retaliation Case?
Emotional distress damages are not typically available under the FMLA itself, but employees can receive compensation for emotional distress if the retaliation also violated other laws, such as state discrimination laws like the New York State Human Rights Law. These claims can be pursued alongside an FMLA retaliation claim in New York courts.
Can an Employer Be Fined for FMLA Retaliation?
While the FMLA does not impose fines on employers for retaliation, it does provide for civil liability. Employers may be required to pay the employee’s lost wages, benefits, and liquidated damages. However, if the retaliation also violates other laws, such as state labor laws, additional penalties may apply under New York Labor Law § 740.
How Long Do I Have to File a Lawsuit for FMLA Retaliation?
Under federal law (29 U.S.C. § 2617), employees have two years from the date of the retaliation to file a lawsuit. If the retaliation was willful, this time is extended to three years. New York employees may also pursue claims under the state's laws, which have different deadlines depending on the specific statute.
What are Employer’s Obligations Under the FMLA?
Employers must allow eligible employees to take up to 12 weeks of unpaid leave and restore them to the same or an equivalent position after the leave. Employers must also maintain the employee’s health benefits during the leave. The federal law governing these obligations is 29 U.S.C. § 2614.
Can My Employer Require Documentation for FMLA Leave?
Yes, employers can request documentation or certification from a healthcare provider to verify the need for FMLA leave. Employers must give the employee at least 15 calendar days to provide this documentation. These rules are outlined in 29 CFR § 825.305.
Can My Employer Deny FMLA Leave?
An employer can deny FMLA leave if the employee does not meet the eligibility requirements, such as working for the employer for less than 12 months or not having worked 1,250 hours in the past 12 months. Employers cannot deny leave if the employee meets these criteria as per 29 CFR § 825.110.
Can an Employer Retaliate Against Me if My FMLA Leave Request is Denied?
No, an employer cannot retaliate against an employee even if their FMLA leave request is denied, provided the employee made the request in good faith. Retaliation is prohibited by 29 U.S.C. § 2615.
What Happens if My Employer Refuses to Restore My Job After FMLA Leave?
If your employer refuses to restore you to your previous job or an equivalent one after you’ve taken FMLA leave, you may have grounds for a retaliation claim under 29 U.S.C. § 2614. Employees can file a complaint with the Department of Labor or sue in court to enforce their rights.
Empowered by Knowledge, Protected by Law
Facing FMLA retaliation can be a daunting experience, but you don't have to face it alone. At Horn Wright, LLP, our dedicated New York employment attorneys are here to guide you through the legal process and ensure your rights are protected. We understand the complexities of FMLA law and are committed to helping you seek justice. Don't let retaliation silence you.
Contact Horn Wright, LLP today at (855) 465-4622 for a free consultation and let us help you navigate this challenging situation.
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