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FiveStarLaw
FiveStarLaw, Consultant
Category: General
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Experience:  attorney and legal researcher
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I was on FMLA leave from the middle of November 2011 through

Resolved Question:

I was on FMLA leave from the middle of November 2011 through the end of the year. As a result of being on FMLA leave, I missed a Board meeting in which I was supposed to lead a committee meeting. In my performance review for 2011, I was rated fairly low. One of the reasons my boss sited was that I had missed that Board meeting. Is that retailiation?
Submitted: 2 years ago.
Category: General
Expert:  FiveStarLaw replied 2 years ago.
Welcome to JustAnswer,

I am the expert that will be assisting you today. Thank you for your question.

If my answer is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.

The Family & Medical Leave Act (FMLA) allows "eligible" employees to take 12 weeks of unpaid leave in any 12 month period for the birth or adoption of a child, to care for a family member, or if the employee themselves has serious health condition.

An employee may not be adversely affected, legally demoted or terminated for use of FMLA. A low ranking for having missed a Board Meeting while on FMLA leave is an adverse action and is not permitted

You may file a complaint may be filed at any local office of the Wage and Hour Division of the Department of Labor within 2 years of the violation

In addition you may file a lawsuit against your employer. You may be entitled to double damages.

I suggest that you retain local counsel. Here is a link to a free legal referrals site that may assist you: www.Martindale.com


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Customer: replied 2 years ago.

Thank you for your answer. I have another question.

 

I was on FMLA due to General Anxiety Disorder and Severe depression. My doctor started treating me for this in June of 2011, but I continued to work. At times when I had severe anxiety attacks I had to leave the office and go home. What I am wondering is if FMLA protection can exist before the FMLA was actually requested?

 

My condition was building up during the full year of 2011, it reached a breaking point in November, which is when I too the 6 weeks off. However, I was effected by it long before I actually took FMLA leave.

Expert:  FiveStarLaw replied 2 years ago.

FMLA protection is not available before the FMLA is actually requested.

In the future please start a new page for a new question – sorry site rules

It has been my pleasure to assist you.


Your satisfaction is very important to me.
If I have not answered your question completely, please let me know by clicking reply.
If you are satisfied with my service, please leave positive feedback even if the law is not in your favor.


Please let me know if I can assist you in the future by starting your new question with "For WebLaw"

FiveStarLaw, Consultant
Category: General
Satisfied Customers: 36412
Experience: attorney and legal researcher
FiveStarLaw and 126 other General Specialists are ready to help you

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