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

If your employer retaliates against you for taking FMLA leave in Texas, you can file a charge with the U.S. Department of Labor Employment & Training Administration (USDOL- ETA) within two years (or within 180 days if state law applies). This is called filing a wage and hour complaint. You can also file a charge with the Texas Workforce Commission (TWC). The FMLA provides protection against adverse employment actions such as termination, demotion, reduction in pay, suspension, or other forms of discrimination. If you feel that you have been retaliated against for taking FMLA leave, you may be able to file a lawsuit against your employer. It is important to document any retaliation that you have experienced. This includes tracking any communication between yourself and your employer as well as any changes in job duties or assignments. You can also file a complaint with the Texas Workforce Commission or the U.S. Department of Labor. It is also important to speak to an employment lawyer in Texas for legal advice and to determine whether filing a lawsuit is in your best interests. An attorney can advise you regarding the best course of action in a situation where you have experienced retaliation for taking FMLA leave. If successful, you may be able to obtain back pay, reinstatement, and other relief.

Related FAQs

Does the FMLA require employers to continue to make benefits available to employees on FMLA leave?
Does the FMLA cover temporary disability leave?
Can I take FMLA leave for any family member's health condition?
Does the FMLA guarantee job protection for an employee returning from active military service?
Is an employee required to give advance notice if they will be taking FMLA leave?
Does the FMLA protect employees from being fired while on FMLA leave?
Does the FMLA guarantee job protection for military families?
What documents do I need to provide to request FMLA leave?
Is an employee eligible for FMLA leave if they need to care for a parent with a serious health condition?
Does the FMLA guarantee reinstatement of an employee's job after FMLA leave?

Related Blog Posts

FMLA Law: What You Need to Know About Your Rights - July 31, 2023
Navigating the FMLA Leave Process: A Step-By-Step Guide - August 7, 2023
Employee Eligibility Requirements for FMLA Leave - August 14, 2023
Understanding How FMLA Leave Works in Your State - August 21, 2023
Explanation of Eligible Uses for FMLA Leave - August 28, 2023