Deciding to step away can be stressful. Whether you are stepping away from your job to be with a sick family member or welcome a new baby, you do not deserve to face family and medical leave retaliation at work.
If you are dealing with workplace retaliation, our Rochester employment lawyer would gladly meet with you for a confidential consultation. Attorney Michelle Cimino will fight for your rights.
What is Family and Medical Leave?
In 1993, the Family and Medical Leave Act was written into law to provide eligible employees with 12 weeks of unpaid leave within a 12-month period. In New York State, as of January 1st, 2022, the benefits have officially been changed.
Eligible employees can receive 12 weeks of paid leave. Paid leave can be taken to care for a family member, bond with a new child, etc. You can receive up to 67% of your pay for this time period.
The important thing to note about family and medical leave is that this is a job-protected period of leave. You are protected from being retaliated against for taking leave. Please keep reading to learn more.
Examples of Medical Leave Retaliation
The following are several examples of unlawful family and medical leave retaliation. If you believe your employer violated your rights, we encourage you to come to our Rochester workplace retaliation lawyer to schedule a confidential consultation as soon as possible.
You are protected from being wrongfully disciplined by your employer when you take leave. This could be an example of retaliation if they penalize you for not meeting a deadline due to your protected leave. If they decide to punish you for taking leave, you need to talk to a lawyer right away. They are not allowed to discipline you for taking a legally protected leave. You are not leaving them for no reason. The law protects you against this type of treatment.
If you have been let go because of the time you were on leave or planned to take leave, you need to reach out to a lawyer right away. This type of family and medical leave retaliation is unlawful.
For example, if you were just a few weeks away from taking maternity leave when your employer fired you, we encourage you to reach out to us immediately. You are protected from losing your job to take leave to have a baby, adopt a child, care for a family member, etc. Do not let an employer get away with this wrongdoing.
Upon returning to work, you may find that your employer has given you a different job with fewer responsibilities and perhaps even a pay cut. An example of this would be returning to your retail position, ready to jump back into your role as the store manager but being put on as a cashier when you return.
If something like this happens to you, be sure to ask for the reasons for the demotion in writing. You can document your employer’s responses to keep for evidence if you file a claim against them.
Change of Duties
Some employers want you to feel bad for taking leave. In an attempt of medical leave retaliation against you, they may give you different duties at work that you never had before. For example, you may be suddenly asked to perform heavy lifting while at work or told that you need to be on your feet for your shift, which used to be at a desk before you took your leave. We encourage you to reach out to us immediately if this is your reality.
Set up Your Confidential Consultation
You don’t deserve to be mistreated by your employer because you needed to take leave. Don’t let your employer get away with violating your rights. Schedule your confidential consultation with our Rochester employment lawyer today.