Can I Sue for Medical Leave Retaliation?

Taking time off work for a medical condition should never cost you your job. Yet many employees face reprimands and retaliation after requesting or using medical leave. If you’ve experienced adverse employment actions following a leave request, you may be wondering: can my boss fire me for FMLA-related requests? Understanding your legal protections and options is the first step toward protecting your rights.

Understanding FMLA and its Protections

The Family and Medical Leave Act (FMLA) of 1993 provides eligible employees with up to 12 weeks of unpaid, job-protected medical leave for serious health conditions affecting themselves or immediate family members. These employees are entitled to twelve weeks if there is a birth of a child and the necessity for childcare through their first year, a serious health condition that prohibits the employee from performing the essential functions of their role, and other matters listed. 

To qualify for considered leave, you must work for an employer with at least 50 employees in a 75-mile radius, have worked there for 12 months, and logged at least 1,250 hours in the past year. Other rules important to mention regarding the FMLA of 1993 are that benefits including life insurance, disability insurance, sick leave or 401(k) benefits must be available when the employee returns from FMLA leave.

Medical leave protections extend beyond simply granting time off. The law prohibits employers from interfering with, restraining, or denying the exercise of any FMLA right, and from discriminating or retaliating against employees for exercising these rights. This means your employer cannot use your medical leave against you in employment decisions.

What is Medical Leave Retaliation?

Medical leave retaliation occurs when an employer takes punitive action against an employee for requesting or using FMLA leave. This illegal practice takes many forms, from termination to more subtle acts of harassment.

Common examples include refusing to authorize leave, discouraging employees from using FMLA leave, manipulating work hours to avoid FMLA responsibilities, using leave requests as negative factors in hiring or promotions, and counting FMLA leave under “no fault” attendance policies. If your supervisor demoted you after returning from medical leave, reduced your hours, or created a hostile work environment to discourage any future leave requests, you most likely have experienced retaliation. In New York State, Governor Hochul signed Senate Bill S1958A, effective February 19, 2023, which prohibits employers from assessing disciplinary points or demerits for absences protected under federal, state, or local law. The law bans firing, threatening, or retaliating against employees for using lawful absences. Employers in New York should review their no-fault attendance policies to ensure that legally protected leave is not being counted against employees.

Medical leave discrimination and interference also includes denying a leave request when you’re eligible, failing to restore you to your position upon return, or terminating your employment for FMLA-related reasons. Even being terminated for FMLA reasons without direct evidence can constitute a violation when circumstantial evidence shows a connection between your leave and the adverse action.

Legal Recourse: Can My Employer Fire Me for FMLA-Related Requests?

The immediate answer is no. Medical condition discrimination based on FMLA usage is illegal, as we’ve explained. Whether you’re dealing with disability discrimination or medical leave discrimination and interference, federal law protects you from such treatment. As a New York discrimination lawyer will inform you, employers cannot punish employees for exercising their legal rights.

When FMLA retaliation occurs, you have multiple avenues for recourse. You can file a complaint with the Department of Labor’s Wage and Hour Division, which investigates violations and can compel employer compliance. Alternatively, you can pursue a private lawsuit in federal or state court.

What It Takes to Sue

You have the right to sue for FMLA retaliation—and winning your case requires proving three essential elements: that you exercised your FMLA rights, that your employer took adverse action against you, and that there was a direct connection between the two. You don’t need a smoking gun. Courts recognize that most retaliation cases rely on circumstantial evidence, like suspicious timing—being disciplined right after requesting leave—or your employer’s ever-changing excuses for their actions.

You have a limited window to assert your rights: the law gives you two years from the violation to file your lawsuit, or three years if your employer’s conduct was willful. Don’t let this deadline pass. Your right to sue depends on acting within this timeframe.

Protect your case now. Keep every email, text, and document related to your leave request. Save your performance reviews, disciplinary notices, and any proof that you were treated differently than colleagues who didn’t take FMLA leave. This evidence belongs to you and strengthens your right to legal action.

You don’t have to navigate this alone. Experienced FMLA retaliation attorneys understand that medical leave protections exist precisely to give you legal recourse when employers violate them. They can help you exercise your right to file complaints with the Department of Labor or take your employer to court—because that right exists for a reason, and you’re entitled to use it.

Taking Action

If you believe you’ve experienced medical leave retaliation, don’t wait to seek legal guidance. While you can file a complaint directly with the EEOC or Department of Labor’s Wage and Hour Division, consulting with an attorney first ensures you understand all available options and potential remedies, which may include back pay, reinstatement, and compensatory damages.

Remember: you have the right to take medical leave, without fear of retaliation. If your employer violated that right, legal recourse is available. Contact experienced employment counsel in your area to discuss your specific situation and protect your rights under the Family and Medical Leave Act.

Call a New York Employment Law Attorney Now

We at Filippatos PLLC stand in proud solidarity with any and all workers facing discrimination in the workplace, including the LGBTQIA+ community and diverse communities. We believe that all people deserve the right to exist freely, no matter who they love, how they express their gender, practice their religion, or celebrate their heritage. If you are experiencing discrimination at work, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.