Taking time off work to care for yourself or your family is stressful enough. You shouldn’t also have to fear losing your job or being punished for exercising your rights. Unfortunately, some employers retaliate against employees who take leave under the Family and Medical Leave Act (FMLA).
If you’re facing FMLA retaliation, you have strong legal protections. At Swartz Swidler, we represent employees in New Jersey and Pennsylvania who have been punished for taking family or medical leave. Here’s what you need to know about your rights.
What Is FMLA and Who Is Covered?
The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave each year for certain family and medical reasons.
To qualify, both you and your employer must meet requirements:
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The employer must have 50+ employees within 75 miles.
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The employee must have worked at least 12 months and 1,250 hours in the past year.
Examples of protected leave include:
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Caring for your own serious health condition
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Caring for a spouse, child, or parent with a serious condition
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Pregnancy and bonding with a newborn or adopted child
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Certain military-related family needs
What Is FMLA Retaliation?
FMLA retaliation happens when an employer punishes you for requesting or taking FMLA leave.
This is different from FMLA interference, which is when an employer illegally denies or restricts your right to take leave. Retaliation happens after you try to use your rights.
Examples of FMLA Retaliation in the Workplace
Employers may try to discourage or punish workers who take FMLA leave. Common examples include:
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Firing or demoting you after requesting leave
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Giving unfairly negative performance reviews after your return
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Denying promotions or raises because you took time off
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Pressuring you not to use your full leave entitlement
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Creating a hostile or resentful work environment
These actions are illegal when they are tied to your use of FMLA leave.
Your Legal Rights Against FMLA Retaliation
The FMLA gives employees the right to take leave without fear of losing their jobs. If your employer retaliates, you may be entitled to:
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Reinstatement to your position
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Back pay for lost wages
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Front pay if reinstatement isn’t possible
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Compensation for emotional distress
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Attorney’s fees and court costs
In addition, New Jersey workers may also be protected by the New Jersey Family Leave Act (NJFLA) and the New Jersey Law Against Discrimination (NJLAD), while Pennsylvania employees are covered by federal FMLA protections.
How to Prove FMLA Retaliation
To bring a successful claim, you generally must show:
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You engaged in a protected activity (requested or took FMLA leave).
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Your employer took an adverse action against you (firing, demotion, harassment, etc.).
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There’s a causal link between your leave and the adverse action.
Timing matters. If retaliation occurs shortly after you requested leave, that strengthens your case. Documentation and witness testimony are also critical.
Steps to Take if You Suspect FMLA Retaliation
If you believe your employer is retaliating against you:
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Document incidents — keep a record of dates, actions, and conversations.
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Save communications — emails, HR reports, performance evaluations.
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File a written complaint internally if it’s safe.
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Contact an employment attorney quickly — strict deadlines apply for FMLA claims.
How an FMLA Retaliation Attorney Can Help
An experienced employment lawyer can:
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Evaluate your claim and explain your rights
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File complaints with the U.S. Department of Labor or in federal court
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Negotiate settlements for lost wages and damages
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Represent you in court if litigation is necessary
Having an attorney levels the playing field against employers and ensures deadlines are met.
Why Choose Swartz Swidler for FMLA Retaliation Cases
At Swartz Swidler, we focus exclusively on employment law. Our attorneys have extensive experience handling FMLA, NJFLA, and retaliation cases in New Jersey and Pennsylvania.
Employees trust us because:
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We know the local and federal leave laws inside and out
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We’ve successfully represented workers across industries and job levels
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We provide compassionate, client-focused representation
If you need an FMLA retaliation attorney in NJ or PA, Swartz Swidler is ready to protect your rights.
FAQs About FMLA Retaliation
Can I be fired while on FMLA leave?
No. Employers cannot fire you simply for taking FMLA leave. If they do, you may have a retaliation claim.
What if my employer denies my FMLA request?
This could be FMLA interference, which is also unlawful. You should consult an attorney right away.
What damages can I recover in an FMLA retaliation case?
You may be entitled to reinstatement, back pay, front pay, emotional distress damages, and attorney’s fees.
Take Action Today — Protect Your Rights Under FMLA
If you believe you’re experiencing retaliation for taking family or medical leave, don’t wait. The sooner you act, the stronger your case will be.
Swartz Swidler is here to defend your rights and hold employers accountable. Contact us today for a free, confidential consultation.
📞 Call now or fill out our online form to speak with an FMLA retaliation attorney.
