Introduction

You’ve worked hard, followed the rules, and when life throws a curveball-like a health crisis or a new baby-you trust your job will be waiting when you get back. But what happens if your employer punishes you for taking legally protected leave? If you’re feeling anxious about your rights or unsure what to do next, you’re not alone. This guide will help you recognize FMLA retaliation, understand your legal protections, and show you how to take action. If you’re ready to file a retaliation claim or contact an FMLA lawyer, this article is for you.

What Is the FMLA, and Who Is Protected?

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 per year for certain medical and family reasons-without fear of losing their job. In New Jersey, you may also be covered by the New Jersey Family Leave Act (NJFLA), which can provide additional protections.

 

Who qualifies?

• Employees who have worked for their employer for at least 12 months
• Employees who have worked at least 1,250 hours in the past year
• Employees of companies with 50 or more employees within 75 miles

 

What’s covered?

• Serious health conditions (yours or a family member’s)
• Birth, adoption, or foster care placement of a child
• Certain military family leave situations

 

What Counts as FMLA Retaliation?

FMLA retaliation occurs when your employer punishes you for exercising your right to take FMLA leave. This can happen in many ways, some subtle, others more obvious.

 

Common forms of retaliation:

• Termination or demotion after returning from leave
• Loss of benefits, pay cuts, or reduced hours
• Exclusion from projects or promotions
• Negative performance reviews that don’t match your actual work
• Hostile treatment or harassment

 

Legal context: Both federal law (FMLA) and New Jersey law strictly prohibit retaliation against employees for taking protected leave.

 

Visual suggestion: Side-by-side comparison of “Protected Leave vs. Retaliation” with real-world examples.

How to Recognize FMLA Retaliation in Your Workplace

It’s not always easy to spot retaliation, especially if your employer is careful. Here are some red flags:

 

• Sudden disciplinary actions after you request or return from leave
• Exclusion from meetings, projects, or training opportunities
• Negative comments about your absence or health condition
• Changes in job duties that seem designed to make your job harder

 

Maria, a nurse in Cherry Hill, was demoted and given unfavorable shifts after returning from maternity leave. Her employer claimed it was due to “staffing needs,” but the timing and circumstances suggested retaliation.

 

Steps to Take If You Suspect FMLA Retaliation

If you believe you’re facing retaliation, don’t wait. Here’s what you can do:

 

• Document everything: Keep records of leave requests, communications, and any adverse actions.
• Report internally: Follow your company’s HR procedures, but don’t stop there if you don’t get results.
• Consult an FMLA lawyer: A legal expert can help you understand your rights and next steps.
• File a complaint: You may need to file with the U.S. Department of Labor or the New Jersey Division on Civil Rights.

 

Legal Remedies and Protections

If you prove FMLA retaliation, you may be entitled to:

 

• Reinstatement to your job
• Back pay for lost wages
• Compensatory and punitive damages
• Attorney’s fees

 

Statutory references:

• FMLA Section 105
• NJ Family Leave Act

 

Employees have a right to take leave without fear of retaliation-and the law is on your side. If you’ve been punished for exercising your FMLA rights, you may have a strong legal claim.

Proving FMLA Retaliation: What You Need to Know

To win a retaliation claim, you’ll need to show:

 

• You engaged in a protected activity (requested or took FMLA leave)
• You suffered an adverse employment action (termination, demotion, etc.)
• A causal link between the two (timing, comments, or other evidence)

 

Once you establish a prima facie case, your employer must provide a legitimate, non-retaliatory reason for their actions.

 

Visual suggestion: Infographic explaining “How to Prove FMLA Retaliation.”

Frequently Asked Questions (FAQs)

Can my employer deny my FMLA request?
Only if you don’t meet eligibility requirements or fail to provide proper notice and documentation.

What if I’m not returned to the same job?
The law requires you be returned to the same or an equivalent position, with the same pay, benefits, and responsibilities.

What should I do if I’m harassed while on leave?
Document the harassment and report it to HR and/or your attorney.

How long do I have to file a retaliation claim?
Generally, you have two years from the date of the violation, or three years if the violation was willful.

Conclusion

You Deserve to Take Leave Without Fear

Recognizing and understanding FMLA retaliation is the first step to protecting your job and your rights. If you suspect you’ve been punished for taking protected leave, don’t suffer in silence. Contact an FMLA lawyer today to discuss your options and get a free legal consultation.

 

Ready to take action? Swartz Swidler is here to help. Schedule a free legal strategy call and let us fight for your rights.