What can I do about suspected retaliation for my using FMLA and unpaid leave?

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What can I do about suspected retaliation for my using FMLA and unpaid leave?

I’ve had some recurring health issues for a couple years that has taken me out of work for about 3 months each year. I applied for FMLA and it was granted, then I was approved for a leave of absence after the 12 weeks were up. During my annual review, I was placed on probation due to attendance only. Besides the FMLA and leave of absence (unpaid) time, I have missed the same amount of days for the past 3 years. When I asked why I was being placed on probation this year vs. last year, I was told that it was because I missed a significant amount of time for 2 years in a row. Technically, if this is true I should have been put on probation last year. I feel as though I’m being punished for using fmla and unpaid leave due to my health.

Asked on July 1, 2015 under Employment Labor Law, Maryland

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can file a complaint with the Department of Labor or your states workforce commission-- however, before you do, I would suggest that you take your employee hand-book and the write-up/review to an employment law attorney and let them guide you through the process.  Most administrative agencies require you to exhaust all of your in-house remedies through your employer before you can be granted any relief through them.  Many employees are poured out of their relief by this technicality.... so buttom up this issue before your file a complaint. 


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