What is FMLA Retaliation?

The Family and Medical Leave Act of 1993 ("FMLA") was enacted to permit employees to take reasonable leave for medical reasons, for birth or adoption of a child, and for the care of a child, spouse, or parent who has a serious health condition. Bocalbos v. Nat'l W. Life Ins. Co., 162 F.3d 379, 382 (5th Cir. 1998). The FMLA applies to private-sector employers of 50 or more employees and an employee is eligible for FMLA leave after working for a covered employer for at least 1250 hours during the preceding 12 months. Id. at 382-83. An employer is prohibited from discriminating or retaliating against an employee for exercising his rights under the FMLA. Id. at 383.

To state a prima facie claim for discrimination or retaliation under the FMLA, the plaintiff must allege that "(1) he is protected under the FMLA; (2) he suffered an adverse employment decision; and either (3a) that the plaintiff was treated less favorably than an employee who had not requested leave under the FMLA; or (3b) the adverse decision was made because of the plaintiff's request for leave." (citation omitted). If the plaintiff states a prima facie claim, "the burden shifts to the employer to articulate a legitimate nondiscriminatory or nonretaliatory reason for the termination." (citation omitted). "Once the employer has done so, the plaintiff must show by a preponderance of the evidence that the employer's reason is a pretext for discrimination or retaliation." 

Hester v. Bell-Textron, Inc., 11 F.4th 301, 305 (5th Cir. 2021). Regarding a plaintiff's prima facie burden of demonstrating causation, the Fifth Circuit states:

When evaluating whether the adverse employment action was causally related to the FMLA protection, the court shall consider the temporal proximity between the FMLA leave, and the termination. Moreover, the plaintiff does not have to show that the protected activity is the only cause of her termination. The plaintiff is, however, required to show that the protected activity and the adverse employment action are not completely unrelated.

Id.

If you believe your employer has discriminated or retaliated against you because you exercised your FMLA rights, please schedule a consultation today. Consultations are completely confidential. Do not rely on this post as legal advice. This post does not create an attorney-client relationship between the firm and the reader. Do not act in reliance on the contents of this post without seeking the advice of counsel.