What if my employer retaliates against me for taking FMLA leave?

If your employer retaliates against you for taking Family and Medical Leave Act (FMLA) leave in New York, you may have the right to bring a civil lawsuit under the New York State Human Rights Law (NYSHRL). In order to be successful, you must be able to prove that you were retaliated against because you took FMLA leave. This means that you must be able to present evidence that the employer was aware of your taking the leave, made an adverse employment decision against you, and did so in retaliation for your taking the leave. Sadly, retaliation for taking FMLA leave in New York is not uncommon. Thus, if you feel that your employer has in any way retaliated against you for taking FMLA leave, you may pursue a claim for retaliation through a civil lawsuit. Additionally, you may also contact the New York State Division of Human Rights where you can file a complaint and have their office investigate the incident. If you are successful in your civil lawsuit, you may be awarded damages such as back pay, front pay, attorney’s fees, lost benefits, and pain and suffering. It is important to note that claims for retaliation must be brought within three years of the alleged incident. If you are experiencing retaliation for taking FMLA leave, it is strongly advised that you seek the help of an experienced attorney. An attorney can advise you on your rights and will represent your best interests in the court of law.

Related FAQs

Can I take FMLA leave to care for a family member with a mental health condition?
Which employers are covered by the FMLA?
Does the FMLA protect an employee's benefits if the employee's job is eliminated?
Can I take FMLA leave to care for a family member with a serious health condition?
Does the FMLA provide job protection for people affected by domestic violence?
How much notice do I have to give my employer before taking FMLA leave?
Does the FMLA cover military caregiver leave?
Is an employee required to pay for health benefits while on FMLA leave?
Are employees entitled to job-protected leave for the death of a family member?
Do I have to pay for my health insurance while on FMLA leave?

What if my employer retaliates against me for taking FMLA leave?

Related FAQs

Related Blog Posts