Kansas City Lawyers Who Fight For Victims Of FMLA Retaliation

The Family and Medical Leave Act (FMLA) provides that eligible employees are allowed up to 12 weeks of unpaid time off in the event of the birth of a child, an adoption or a serious health condition. If you have been denied this time off, or your employer has taken actions against you because you used this time, it is important to protect your legal rights.

At Holman Schiavone, LLC, we have extensive experience handling FMLA retaliation claims on behalf of employees throughout Missouri and Kansas. We will work closely with you in order to help you understand your legal options and do everything within the law to help you achieve a favorable legal outcome.

Call us at 888-493-5074 to speak with one of our experienced employment lawyers in Kansas City.

Have You Been Fired Or Demoted For Taking FMLA Leave?

It is against the law for employers to prevent you from or penalize you for using FMLA leave for qualifying life events and medical conditions. There are two main types of employer misconduct regarding FMLA:

• FMLA interference: Discouraging you from taking leave or burdening you with work while you are off.
• FMLA retaliation: Punishing you after you have requested or taken leave. For example, if a manager demotes you or terminates your employment upon your return.

In any case of FMLA retaliation, it is necessary to demonstrate that the employer took adverse action against an employee because that employee took FMLA leave. Examples of such retaliatory actions include:

• Terminating an employee for taking FMLA leave
• Reducing or changing an employee’s job duties after they return from FMLA leave
• Cutting an employee’s pay for missing work while on FMLA leave
• Terminating an employee for complaining about or reporting the employer’s failure to adhere to FMLA guidelines

If your FMLA rights have been violated, our attorneys are here to stand up for you. We will work to help you obtain compensation for the actions that have been taken against you, helping you pursue lost wages, reinstatement or promotion, and other legal remedies in your best interests.

What Is Shadow Retaliation?

Retaliation is not always as obvious as a pink slip. Many companies use subtle tactics to force employees out or punish them for taking leave. Look out for these shadow tactics in your workplace:

• Management contacts you during your leave, often for quick questions or minor emergencies.
• You return to work and immediately receive a performance improvement plan (PIP) based on issues that supposedly arose while you were away.
• Your employer cites your protected FMLA absence as a reason for a negative review.
• You keep your job title, but you are reassigned to dead-end projects or menial tasks. 

Shadow retaliation is very difficult to prove. Keep extensive documentation, including a journal describing every questionable incident you experience.

Who Is Eligible For FMLA Protection In Missouri Or Kansas?

Not every worker automatically qualifies for federal leave protections. You must meet specific criteria that fall under federal guidelines. These include:

• Work for a covered employer. These are generally private companies with 50 or more employees within a 75-mile radius.
• Work for that specific employer for at least one year.
• Work at least 1,250 hours during the 12 months immediately preceding your leave.

If you meet these requirements, your employer cannot legally punish you for using your FMLA time. We can speak with you to determine if your circumstances make you eligible for FMLA.

What Medical Conditions Are Covered?

The goal of FMLA is not to grant workers time off for all medical conditions but to ensure that major life events and illnesses do not cost you your job. Therefore, FMLA applies only to serious medical conditions that impede your ability to work. It generally does not cover standard care such as annual physicals, the flu or standard dental work. The law defines serious health conditions using six categories:

• Inpatient care at a hospital or residential care facility
• Continuing treatment for more than three consecutive days
• Pregnancy and prenatal care, including recovery from childbirth
• Chronic conditions that require regular doctor visits
• Permanent or long-term conditions in which treatment may not be effective
• Conditions that require multiple treatments

If your condition fits these descriptions, your employer must grant qualified federal leave. Failure to do so may constitute a legal violation.

What Is Your FMLA Retaliation Case Worth?

Under 29 U.S.C. § 2617, you may be entitled to several forms of compensation, including:

• Back pay, which covers wages, salary and benefits.
• Front pay, which provides future earnings if returning to your old job is not possible.
• Liquidated damages, which effectively doubles your back pay award.

Additionally, a winning plaintiff is typically entitled to have the employer pay their lawyer fees and court costs.

Get A Free Initial Consultation Today

Please call our firm in Kansas City at 888-493-5074 or email us to speak with an experienced attorney who will be dedicated to standing up for your rights, and pursuing justice and compensation on your behalf.