What are my FMLA rights and am I being discriminated or retaliated against?
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What are my FMLA rights and am I being discriminated or retaliated against?
I am on FMLA with intermittent leave for one day a week and doctors appointments. Ever since starting my FMLA I have been being treated badly by co-workers. They are rude and act as if I am invisible. When I ask for thier help they refuse and tell me to figure it out. During the times that I am not at work all my work is caught up. They have made it to the point that I want to quit my job. I feel as if it is affecting my work. Is there a legal issue here or no.
Asked on August 7, 2019 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Have you reported this treatment to your supervisors or HR? If have and managment/the employer has not taken reasonable steps to prevent it, then you are likely facing illegal retailation: an employer may not retaliate against an employee for using FMLA leave, and that includes retaliation by allowing harassment, etc. by coworkers. In this event, you could contact the state dept. of labor to file a complaint.
But if you have not told supervisors or HR, there is no company retaliation: the company is not responsible for what employees or coworkers do on their own if it is not made aware of the behavior ane given an opportunity to intervene and stop it.
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