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Matthew
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Is there such thing as FMLA harassment or would this be

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Is there such thing as FMLA harassment or would this be considered FMLA retaliation? An employee places their employer on notice for FMLA. Shortly after this; the employee is falsely written up for misconduct and unwarrantedly written up for performance improvement plans.

Hello, I am Matthew and I will be the attorney assisting you today. Please note that this discussion is for guidance only, does not constitute an Attorney-Client Relationship and is only for the purpose of helping you understand the nature of your situation from a legal standpoint and discuss options. You must engage an attorney in your local jurisdiction if you wish to take any legal action through an attorney. Please feel free to ignore any phone service request unless you feel you would like to discuss directly with me as those are sent by the site automatically.

 

 

Yes, this is a claim you can bring at court and sue over. If this is happening and is related to your use of FMLA leave or benefits, you should contact a local employment lawyer.

Section 105 of the FMLA and section 825.220 of the FMLA regulations prohibit the following actions:

  • An employer is prohibited from interfering with, restraining, or denying the exercise of, or the attempt to exercise, any FMLA right.
  • An employer is prohibited from discriminating or retaliating against an employee or prospective employee for having exercised or attempted to exercise any FMLA right.
  • An employer is prohibited from discharging or in any other way discriminating against any person, whether or not an employee, for opposing or complaining about any unlawful practice under the FMLA.
  • All persons, whether or not employers, are prohibited from discharging or in any other way discriminating against any person, whether or not an employee, because that person has —
    • Filed any charge, has instituted, or caused to be instituted, any proceeding under or related to the FMLA;
    • Given, or is about to give, any information in connection with an inquiry or proceeding relating to any right under the FMLA; or
    • Testified, or is about to testify, in any inquiry or proceeding relating to a right under the FMLA.

 

Examples of prohibited conduct include:

  • Refusing to authorize FMLA leave for an eligible employee,
  • Discouraging an employee from using FMLA leave,
  • Manipulating an employee’s work hours to avoid responsibilities under the FMLA,
  • Using an employee’s request for or use of FMLA leave as a negative factor in employment actions, such as hiring, promotions, or disciplinary actions, or,
  • Counting FMLA leave under “no fault” attendance policies.

 

Any violations of the FMLA or the Department’s regulations constitute interfering with, restraining, or denying the exercise of rights provided by the FMLA.

 

See more: https://www.dol.gov/agencies/whd/fact-sheets/77b-fmla-protections

Customer: replied 9 days ago.
Thank you for this information. Would this be considered retaliation or harassment (if there is such thing under FMLA)?
Retaliation, it is retaliation in the form of harassment
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