What counts as FMLA retaliation after taking paternity leave?

Employment

Jessica B

32,205 satisfied customers

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I'm sorry to hear about the challenges you're facing at work. Let's go through some steps you can take to address this situation:

Document Everything
- Start by gathering all relevant documentation. This includes emails, performance reviews, any written communication regarding your exclusion from projects, and notes from compensation discussions. Having a clear record of events will be crucial.
Understand Your Rights
- Familiarize yourself with the Family and Medical Leave Act (FMLA) protections. Under FMLA, it's illegal for employers to retaliate against employees for taking protected leave. The retaliation prohibition itself is set out in (29 U.S.C. § 2615), and specifically prohibits employers from discriminating against employees for exercising FMLA rights, including through negative performance evaluations, exclusion from assignments, or denial of raises. Knowing your rights can empower you to take informed action.
Consult HR
- Consider having a conversation with your HR department. Present your concerns and the documentation you've gathered. They may be able to address the issue internally.
Seek Legal Advice
- If internal resolution doesn't work, consult with an employment lawyer who specializes in FMLA cases. They can provide guidance on whether you have a strong case for retaliation and what legal steps to take next.
Consider Filing a Complaint
- You may file a complaint with the U.S. Department of Labor's Wage and Hour Division if you believe your rights under FMLA have been violated. An attorney can help you with this process.
Explore Alternative Solutions
- Depending on your situation, mediation or negotiation might be viable options to resolve the issue without escalating to a lawsuit.

Please let me know if you have further questions or need clarification on any of these steps. Please let me know if I may be of assistance in the future. Thank you.

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Hello, I need advice with my employer.

Lexi, Chatbot

I understand that dealing with employer issues can be stressful. Can you please describe the specific problem you are facing with your employer?

Sorry, let me summarize.

Lexi, Chatbot

Have you already taken any steps to address this issue, such as speaking to HR or your supervisor?

No.

Lexi, Chatbot

Is there anything else the Employment Lawyer should know before I connect you? Rest assured they'll be able to help with your employer issue.

You are a top-performing employee who recently received a near-perfect 4.75/5 rating on your 2025 performance review, where you were praised as an "extremely reliable" subject matter expert. However, after you announced you would be taking protected paternity leave for the birth of your daughter, you experienced a sharp and documented shift in treatment. Specifically, you were excluded from important projects you previously led and, in recent compensation talks, were placed in the "worst category," resulting in no raise or bonus. Although you have not been laid off, these actions, occurring in such close "temporal proximity" to your leave, constitute strong evidence of FMLA Retaliation.

Jessica B

Thank you for reaching out! My name is Jessica and I am a licensed attorney that will be assisting you with your question. I understand you're dealing with a situation involving potential FMLA retaliation after announcing your paternity leave. Have you considered any specific actions or legal steps you might take in response to this situation?

I understand how frustrating this situation must be for you. Could you let me know where you're located? This helps in understanding the specific laws that might apply to your case. Also, do you have any documentation or evidence of the changes in your work situation after announcing your paternity leave?

Jessica B

I'm sorry to hear about the challenges you're facing at work. Let's go through some steps you can take to address this situation:

Document Everything
- Start by gathering all relevant documentation. This includes emails, performance reviews, any written communication regarding your exclusion from projects, and notes from compensation discussions. Having a clear record of events will be crucial.
Understand Your Rights
- Familiarize yourself with the Family and Medical Leave Act (FMLA) protections. Under FMLA, it's illegal for employers to retaliate against employees for taking protected leave. The retaliation prohibition itself is set out in (29 U.S.C. § 2615), and specifically prohibits employers from discriminating against employees for exercising FMLA rights, including through negative performance evaluations, exclusion from assignments, or denial of raises. Knowing your rights can empower you to take informed action.
Consult HR
- Consider having a conversation with your HR department. Present your concerns and the documentation you've gathered. They may be able to address the issue internally.
Seek Legal Advice
- If internal resolution doesn't work, consult with an employment lawyer who specializes in FMLA cases. They can provide guidance on whether you have a strong case for retaliation and what legal steps to take next.
Consider Filing a Complaint
- You may file a complaint with the U.S. Department of Labor's Wage and Hour Division if you believe your rights under FMLA have been violated. An attorney can help you with this process.
Explore Alternative Solutions
- Depending on your situation, mediation or negotiation might be viable options to resolve the issue without escalating to a lawsuit.

Please let me know if you have further questions or need clarification on any of these steps. Please let me know if I may be of assistance in the future. Thank you.

Jessica B

32,205 satisfied customers

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