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Employer unlawful acts under FMLA
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Employer unlawful acts under FMLA
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I am giving a presentation on FMLA - target audience is supervisors and managers. DOL provides the following statement regarding unlawful acts:
"Discharging or discriminating against any person fo
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Employer unlawful acts under FMLA
posted at 4/7/2010 7:30 AM EDT
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Posts: 1
First: 4/7/2010 Last: 4/7/2010 |
I am giving a presentation on FMLA - target audience is supervisors and managers. DOL provides the following statement regarding unlawful acts:
"Discharging or discriminating against any person for opposing any practice made unlawful by FMLA" Can someone please tell me what this means in common language and provide real-life examples? Thank you. |
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Employer unlawful acts under FMLA
posted at 4/7/2010 8:15 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
If the employer is not following FMLA and an employee makes a complaint about that to the employer or the DOL, the employer is prevented from retaliating against the employee -- basically whistleblower protection.
That's my understanding anyway. I could come up with all sorts of examples...let's say our corp atty went on maternity leave for 12 weeks, but was forced back to work at 4 because there was an important project and it was strongly implied that she would lose her job if she didn't return early. You in HR knew this was against FMLA law and you told her that she didn't have to return. You would be protected from retaliation and termination based on the FMLA law. If you were term'd, you would have recourse. |
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