Losing your job after taking medical leave can be a devastating experience, and, unfortunately, it happens more often than it should. Many workers in Kentucky return from the Family and Medical Leave Act (FMLA) only to find that their position has been eliminated, their hours have been reduced, or their employment has been restructured in some way. 

The law makes it clear that an employer cannot fire someone simply because they have exercised their federal right to FMLA leave. If an employer does so, it could be considered unlawful retaliation and the employee may have a legal claim.

What the FMLA Actually Guarantees

The Family and Medical Leave Act (FMLA), codified at 29 U.S.C. Chapter 28, provides eligible employees with up to 12 weeks of job-protected, unpaid leave per year for certain qualifying reasons, such as serious personal illness, care of a seriously ill family member, or birth or adoption of a child. Upon completion of the leave, the employer must reinstate the employee in the same position, or an equivalent position with the same pay, benefits, and working conditions.

Two main protections are included in the law:

• The right to take leave. Your employer cannot interfere with, restrict, or deny your right to use FMLA (Family and Medical Leave Act) leave under 29 C.F.R. § 825.220.
• The right to return without retaliation. Your employer cannot use FMLA leave as a negative factor in any employment decision, such as termination, demotion, or schedule changes.

What Counts as FMLA Retaliation?

Retaliation need not be obvious to be illegal. Employers rarely state, “We are firing you because you took FMLA leave.” Instead, adverse actions often occur under the guise of other circumstances. Under federal regulations, prohibited retaliatory conduct may include:

• Termination shortly after returning from FMLA-covered leave
• Demotion or reduction in pay or benefits
• Negative performance reviews citing absences covered by FMLA
• Reassignment to a less desirable position or shift
• Increased scrutiny, write-ups, or fabricated performance issues following FMLA absence

Timing is one of the most significant indicators of retaliation in the workplace. When an employee who has received positive performance reviews suddenly leaves days or weeks after returning from Family and Medical Leave Act (FMLA) leave, courts closely examine this pattern.

Who Is Covered Under the FMLA?

Not all workers are eligible for FMLA protection. To be eligible, you need to work for an employer who is covered by the law – typically a private company with 50 or more employees within a 75-mile radius or a public agency or school. You also need to have worked for your employer for at least 12 months and logged at least 1,250 hours in the previous 12-month period.

If you do not meet these criteria, you may still be protected. Kentucky workers may also be covered by the Kentucky Civil Rights Act if the reason for your leave is related to a disability or pregnancy-related condition. This can trigger separate anti-discrimination obligations even for smaller employers.

What Should You Do If You Were Fired After FMLA Leave?

If you believe your termination was related to your FMLA leave, it is important to act quickly. The statute of limitations for filing a claim under the Family and Medical Leave Act (FMLA) is two years, with an extension to three years in cases of willful violations. Here are some steps you can take immediately:

• Gather documentation: Keep all relevant documents, such as termination notices, performance reviews, emails, and HR communications. 
• Record a clear timeline of when your leave started, when you returned from leave, and when any adverse action occurred.
• Note any comments or statements made by your supervisor or HR about your absence or leave.
• File a complaint with the U.S. Department of Labor’s Wage and Hour Division or consult with an employment attorney.

What You Can Recover

A successful FMLA retaliation claim can lead to significant relief. Under federal law, possible remedies may include back pay for lost wages, future pay or reinstatement to the position, recovery of benefits that were lost, attorneys’ fees, and court costs. In cases of willful violations, additional damages in the form of liquidated damages, essentially doubling the amount of back pay awarded, may also be available.

Think You Were Fired for Taking FMLA Leave?

Abney Law has fought for the rights of workers in Kentucky in courtrooms, appellate courts and the state legislature and has recovered millions of dollars for employees who have been wronged. If you were terminated, demoted or penalized after taking Family and Medical Leave Act leave, you may have a valid legal claim.

Contact Abney Law for a confidential consultation today. Our experienced employment lawyers are ready to review your case and help you understand your options.