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Family Medical Leave Act: Retaliation

The Family Medical Leave Act (“FMLA”) provides generally that an eligible employee has the right to 12 workweeks of leave during any 12-month period because of a serious health condition that makes the employee unable to perform the functions of his. It also provides the employee the right following leave to be restored to the position of employment previously held.    Not only does the FMLA provide the following rights, it also provides others to include protection from retaliation. 

In the broadest sense, retaliation is when an employer takes a materially adverse action (i.e. refusing to hire, firing, demotion, suspension without pay, or some other material change in the terms or conditions of employment) because an employee asserts his rights protected by the law. 

The FMLA protects employees from retaliation because he has opposed a practice made an unlawful employment practice under the act.  This is often referred to as an “opposition clause.” The FMLA also protects individuals from their employer unlawful interference with any right protected under the act.  

Victims of FMLA retaliation and interference may be able to obtain monetary damages, as well as, their attorney fees and costs.  If you have suffered from FMLA retaliation in the workplace, please contact the employment lawyers at LaBar & Adams, P.A. in Orlando at 407-835-8968 or fill out the online form located on our website. 

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