The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

Section 105 of the FMLA and section 825.220 of the FMLA regulations prohibit the following actions:

  • An employer is prohibited from interfering with, restraining, or denying the exercise of, or the attempt to exercise, any FMLA right.
  • An employer is prohibited from discriminating or retaliating against an employee or prospective employee for having exercised or attempted to exercise any FMLA right.
  • An employer is prohibited from discharging or in any other way discriminating against any person, whether or not an employee, for opposing or complaining about any unlawful practice under the FMLA.
  • All persons, whether or not employers, are prohibited from discharging or in any other way discriminating against any person, whether or not an employee, because that person has —
    • Filed any charge, has instituted, or caused to be instituted, any proceeding under or related to the FMLA;
    • Given, or is about to give, any information in connection with an inquiry or proceeding relating to any right under the FMLA; or
    • Testified, or is about to testify, in any inquiry or proceeding relating to a right under the FMLA.

If your employer is interfering with your right to medical leave or retaliating against you for exercising such right, contact an experienced employment lawyer at Kurkowski Law today.