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Denying a promotion to an employee who otherwise would have been promoted. Cutting an employee's pay or benefits after the employee requests medical leave. Reinstating an employee to a lesser position. Changing an employee's work location or shift after she returns from leave.
Your employer cannot retaliate against you for taking FMLA leave, such as by withholding promotions or raises, or firing or disciplining you. Your employer must allow you to use paid time off in tandem with your FMLA leave to continue getting paid, if you have paid leave accrued.
Uncover FMLA Abuse Showing Absence Patterns: Staff members frequently miss work beyond their supposed time off days. Taking Longer Absences: Employees take leaves more often than reasonable given their condition, and for longer time periods.
To prove interference, the employee must show entitlement to leave (and that he or she gave proper notice); that the employer took adverse action against the employee that interfered with the ability to take leave; and that the adverse action was related to the taking, or attempting to take, FMLA leave.
Under the Family and Medical Leave Act, employees cannot be fired simply because they are on leave. However, if there is another reason separate from medical leave, an employer does have the right to terminate an employee.