Retaliation for FMLA Leave: Whistleblower Protection and Legal Remedies

Boss scolding an employee in the office

Retaliation for FMLA Leave: Whistleblower Protection and Legal Remedies

Retaliation for FMLA Leave: Whistleblower Protection and Legal Remedies


The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with job-protected leave for qualifying family and medical reasons. One of the crucial aspects of the FMLA is the protection it offers to employees who exercise their rights to take FMLA leave. Retaliation for taking FMLA leave is strictly prohibited under the law, and employees who face retaliation are entitled to legal remedies. In this article, we will explore retaliation for FMLA leave, the whistleblower protection provided, and the legal remedies available to employees who experience retaliation.

Understanding FMLA Retaliation
FMLA retaliation occurs when an employer takes adverse action against an employee for exercising their rights under the FMLA. Adverse actions may include termination, demotion, reduction in hours or pay, denial of promotions or benefits, or any other action that negatively impacts the terms and conditions of employment. It is important to recognize that retaliation can occur both during FMLA leave and upon the employee’s return to work.

Whistleblower Protection
The FMLA includes whistleblower protection provisions to shield employees from retaliation for exercising their rights under the law. Whistleblower protection ensures that employees who report violations, participate in FMLA proceedings, or oppose unlawful practices related to the FMLA are protected from adverse employment actions. Key aspects of FMLA whistleblower protection include:

a) Reporting Violations: Employees who report violations of the FMLA, such as denial of leave, interference with rights, or other unlawful practices, are protected from retaliation.

b) Participating in FMLA Proceedings: Employees who participate in FMLA proceedings, such as filing complaints with the U.S. Department of Labor’s Wage and Hour Division or providing testimony in FMLA-related investigations or hearings, are protected from retaliation.

c) Opposing Unlawful Practices: Employees who oppose or speak out against unlawful practices related to the FMLA, such as discriminatory treatment or denial of FMLA rights, are protected from retaliation.

Recognizing FMLA Retaliation
It is important for employees to be aware of the signs of FMLA retaliation. Some indicators of retaliation for taking FMLA leave may include:

a) Adverse Employment Actions: Any negative action taken by the employer that negatively impacts the employee’s terms and conditions of employment, such as demotion, reduction in pay, or denial of benefits, shortly after taking FMLA leave or upon returning to work.

b) Pretextual Reasons: The employer provides false or exaggerated reasons for the adverse employment action, masking the underlying retaliatory motive.

c) Hostile Work Environment: The employee experiences a hostile work environment, including increased scrutiny, isolation, or mistreatment, after taking FMLA leave.

Legal Remedies for FMLA Retaliation
Employees who face retaliation for exercising their FMLA rights have legal remedies available to seek justice and compensation. Some of the legal remedies for FMLA retaliation include:

a) Reinstatement: If an employee is wrongfully terminated due to FMLA retaliation, they may be entitled to reinstatement to their former position or an equivalent position.

b) Back Pay and Benefits: Employees who experience FMLA retaliation may be entitled to recover back pay for wages and benefits lost due to the retaliation.

c) Compensatory Damages: If an employee suffers emotional distress, reputational harm, or other non-economic losses as a result of FMLA retaliation, they may be eligible to seek compensatory damages.

d) Injunctive Relief: In certain cases, a court may grant injunctive relief to prevent further FMLA violations and retaliation by the employer.

Consultation with Employment Law Attorneys
If an employee believes they have faced FMLA retaliation, it is crucial to consult with an experienced employment law attorney. An attorney can assess the circumstances, gather evidence, and provide guidance on the appropriate legal remedies to pursue. They will help protect employee rights and advocate for justice on behalf of the employee.


Retaliation for taking FMLA leave is a serious violation of employee rights. The FMLA provides whistleblower protection to shield employees from retaliation for exercising their rights under the law. If an employee experiences FMLA retaliation, they have legal remedies available to seek compensation and justice. It is essential for employees to recognize the signs of retaliation, consult with employment law attorneys, and take appropriate action to protect their rights. Employers must understand their legal obligations and refrain from retaliating against employees who exercise their FMLA rights.

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