What Is Considered FMLA Harassment by an Employer?

The Family and Medical Leave Act (FMLA) offers protections to a wide range of employees throughout California. This act automatically applies to certain companies; employers usually cannot opt out. So when an employer fails to uphold a worker’s rights under this act, they may be in violation of employment law. 

FMLA harassment is a common form of retaliation against employees who take FMLA leave. Learn what is considered FMLA harassment to determine whether your employer may have violated your rights. If you experienced harassment at work, contact a California employment attorney for guidance. 

What Is FMLA Harassment? 

FMLA harassment occurs when an employer, manager, or colleague mistreats an employee who requests or takes FMLA leave. They may do this as a way to prevent the worker from upholding their rights to this form of leave or as a punishment for taking leave. 

The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave for employees experiencing specific family-related or medical issues. This federal labor law generally applies to public agencies, private companies with 50 or more employees who work within a 75-mile radius of the worksite for at least 20 weeks of the year, and local educational agencies. 

Qualifying reasons for an employee to take FMLA leave may include:

• The birth or adoption of a child
• Caring for a family member with a serious medical condition
• Seeking treatment for their own medical condition

Employers who fall under FMLA requirements often have no choice but to allow eligible employees to take leave. However, some express their displeasure by retaliating against or mistreating a worker once they return from leave. They may do this to pressure the employee to quit or dissuade other workers from taking leave. 

Examples of FMLA Harassment in the Workplace 

FMLA harassment can look vastly different depending on the circumstances. In some cases, employees may not realize they are being subject to unlawful treatment until another party points it out to them. 

Understanding a few examples of what is considered FMLA harassment can help you identify mistreatment in your own workplace.

Retaliation or Unlawful Job Changes 

Employer retaliation occurs when an employer fires, demotes, or otherwise alters an employee’s position as a means of punishing them for exercising their rights under employment law. The Family and Medical Leave Act specifically requires employers to hold workers’ positions until they return from leave.

If an employer changed your position after you returned, not only might this violate the FMLA, but it could also be considered retaliation or workplace discrimination. Your employer would need to have a valid reason for changing your position, such as company-wide layoffs or restructuring. They might also need to prove that the change would have happened even if you had not taken leave. 

Verbal or Psychological Harassment 

FMLA harassment can also include actions that do not involve changing your job title or responsibilities. You might experience verbal or psychological harassment from your employer or colleagues. These could include:

• Comments about you taking advantage of the system
• Jokes about your illness or the reason you took leave
• Complaints about the extra work your leave placed on other workers

While these remarks may seem innocuous, they can be considered harassment and violate your FMLA rights. The FMLA enables eligible employees to take leave without negative consequences. These comments could create a hostile work environment, making you feel uncomfortable or unsafe at work. 

Threats or Intimidation From Managers

If you qualify for FMLA leave, you have the right to take this leave without facing threats, intimidating remarks, or guilt from your manager. These types of comments could also be considered FMLA harassment:

• “You’ll really leave us in a bind if you take leave.”
• “You might not be eligible for a promotion if you take leave.”
• “We’ll have to increase your workload significantly when you return to make up for lost time.” 
• “Is there any chance you could come back from leave early? We really need you.” 

Qualifying for FMLA leave means you are experiencing a significant life event that prevents you from prioritizing work. Your employer shouldn’t make you feel bad for upholding this right. 

Invasions of Privacy 

You generally should not need to disclose the specific details of your medical condition or other reasons you are taking FMLA leave. You simply need to provide sufficient information to demonstrate that your leave qualifies under the FMLA. 

If your employer or colleagues insist that you provide private details about the condition, this could also be considered FMLA harassment. Your employer might insist that you need to disclose this information for them to approve your leave. Talk to an employment attorney about what you legally do and do not need to disclose. 

What To Do If Your Employer Committed FMLA Harassment or Retaliation 

Do you suspect you are a victim of FMLA harassment? California employment law may offer legal protections for you. Reporting these unlawful acts could enable you to seek damages. 

Start by documenting the harassment. Save emails, text messages, and written logs of conversations with colleagues or managers. Make copies of documentation related to changes in your work duties. Save all of this evidence in at least two places, not solely on your work computer.  

Report the harassment to your company’s HR department and provide the evidence you collected. If HR fails to mitigate the issue, you can report the harassment directly to the California Civil Rights Department or the Equal Employment Opportunity Commission (EEOC). These organizations can investigate the matter and help you determine your options. 

You may also hire an employment attorney to help you understand your rights and assist you in the reporting process. 

Seek Legal Assistance From D.Law

Do you need help understanding or protecting your rights under the Family and Medical Leave Act? If you are facing FMLA harassment or any other unlawful treatment from your employer, you may have the right to seek damages. 

D.Law offers legal guidance to employees throughout California. Contact us today at 818-275-5799 to request a consultation.