Perfect attendance throughout a career is an unrealistic goal. Employees typically need occasional time off for medical issues, family matters or even vacations. While not every job provides paid leave, many workers may eventually need to take an extended leave of absence.
Even the most diligent worker sometimes has other responsibilities to consider. Although most professionals make consistent attendance and reliable job performance priorities, sometimes professionals need time away from work to attend to other matters. The Family and Medical Leave Act (FMLA) is a federal law that establishes the right to take unpaid leave and qualifying circumstances.
Do employees need to worry about losing their jobs if they ask their employers to respect their FMLA rights by requesting unpaid leave?
Retaliation for taking leave is illegal
Under the FMLA, employees who have held their jobs for at least a year and who have worked a qualifying number of hours can ask their employers to grant them unpaid leave. So long as the company is large enough to accommodate the request, the employee should be able to take up to 12 weeks of unpaid leave and return to their positions without any punishment.
Unfortunately, some employers resent when workers use their rights and may punish those who take unpaid leave. Demotions and terminations are both examples of unfair retaliation after a professional takes time off to address medical issues, support a family member or have a child.
Fighting back against illegal employment retaliation may require a lawsuit. Employees who believe that they have experienced retaliation may require support as they evaluate their situation. A successful lawsuit could help them regain their job or secure compensation for the harm caused by a wrongful termination.
