Worker Alleges Retaliation for Taking Leave Under FMLA

Many workers in Texas know that they may be entitled to turn to the Family and Medical Leave Act (FMLA) when they need time away from work for reasons covered by the law. Using this time is a legal right for covered employees, and taking this approved time should never result in retaliation against the employees. However, if such an instance occurs, the workers can consider their legal options to right the wrongs against them.

A man who worked as a foundry processor for a company in another state alleges that he lost his job because he went on a medical leave that was approved under the FMLA. He began working for the company in 2013 and avers that he did not receive disciplinary action or have unsatisfactory performance reviews during his employment. In 2014, he requested to use FMLA time for three days for the birth of his child.

During the three days off, which were approved, his wife did not have the baby. He once again requested three more days of FMLA time, which were approved and took them once his wife entered into labor. He claims he was later told that he was fired for not calling and coming into work on each of the three days that he was on approved leave.

The plaintiff claims that the reason why he lost his job was that he had taken advantage of his time allowed under the FMLA. He is accusing the company of retaliation and has filed a federal lawsuit in Pennsylvania. Using the time that is covered under federal FMLA laws is a benefit that is available to many Texas workers. Employees who feel that they have been wronged for attempting to use these benefits have the option to pursue legal actions. Based upon the evidence of any wrongdoing, the employees may be awarded lost income, legal costs, and other monetary damages as deemed applicable by the court.

Source:, "Worker alleges termination was in retaliation for taking FMLA leave", Kasey Schefflin-Emrich, Aug. 5, 2015