Losing your job can be devastating under any circumstances, but when it happens shortly after you have taken Family and Medical Leave Act (FMLA) leave, something more sinister may be at work: retaliation. Thousands of workers in Kentucky face this situation each year, and many are unaware of the powerful legal protections they have available to them.
Understanding Your FMLA Rights
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid job-protected leave each year for qualifying reasons, such as the birth or adoption of a child, serious personal health issues, or caring for a family member with a serious illness. To be eligible for FMLA leave, you must work for a company with 50 or more employees and have worked there for at least 12 months and logged at least 1,250 hours in the previous year.
Critically, FMLA leave is job-protected. According to 29 U.S.C. § 2614, your employer must restore you to your previous position or an equivalent position with equal pay, benefits, and working conditions when your leave ends.
When Termination After FMLA Leave Becomes Illegal
Not every termination that follows FMLA leave is automatically unlawful. Employers may still terminate employees for valid, non-retaliatory reasons, such as company-wide layoffs or documented performance issues. However, 29 U.S.C. § 2615, the FMLA’s anti-retaliation provision, clearly prohibits employers from terminating, demoting, or otherwise punishing an employee for using their FMLA benefits.
Red flags that your termination might be retaliatory include:
- You were let go soon after returning from or asking for FMLA (Family and Medical Leave Act) time off.
- Your employer cited unclear performance issues that weren’t previously mentioned before your absence.
- Someone with less experience or seniority was hired to replace you.
- The position was “eliminated” right after you took time off.
- You received negative performance evaluations that started only after your absence.
Under 29 C.F.R. Part 825, the courts consider the totality of circumstances, particularly the timing of your leave and termination, when evaluating retaliation claims.
Steps to Take Immediately After Being Fired
If you believe that you were unfairly terminated after taking FMLA leave, your actions in the days and weeks following your dismissal can be crucial. Here are some steps you should take immediately:
- Document everything. Save all emails, performance reviews, termination letters, and any other communications that refer to your absence or return. Create a detailed timeline as soon as possible, while events are still fresh in your memory.
- Request your personnel file. Kentucky law grants employees the right to review and copy their records. Differences between your documented performance and the given reason for termination can serve as powerful evidence.
- File a complaint with the U.S. Department of Labor. You may file a complaint with the U.S. Department of Labor’s Wage and Hour Division, which is responsible for enforcing Family and Medical Leave Act. The statute of limitation for filing a claim for retaliation under FMLA is generally two years or three years if the violation was willful.
What Compensation Can You Recover?
If your FMLA retaliation claim is successful, you may be eligible for substantial relief. According to 29 U.S.C. § 2617, possible remedies include backpay for lost wages, future pay (front pay), restoration to your previous position, compensation equal to the amount of lost wages and legal fees and expenses associated with the legal action.
In cases involving serious employer misconduct, additional compensation may be available through related state or federal laws.
How Abney Law Can Help
At Abney Law, our team of experienced employment attorneys based in Louisville have fought hard for Kentucky workers, recovering millions of dollars through verdicts and settlements and advocating for stronger worker protections in the Kentucky legislature and appellate courts.
If you have been fired after taking FMLA leave, you may have a valid legal claim. Time limits apply – do not wait. Contact Abney Law today for a confidential consultation. Our employment attorneys in Kentucky are ready to help you.