Work suspension

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Work suspension

I have been suspended from work
with pay due to my work
performance but this comes a day
after I return from FMLA is this
legal

Asked on February 23, 2017 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends on whether the performance issues were real or not. If they were legitimate performance issues, documented and/or able to be proven, then you can be suspended for them when returning from FMLA leave. The law prohibits retaliating against (punishing you) for using the leave, but using FMLA leave does not protect you from otherwise valid reasons for discipline, up to and including termination.
If you don't think that there were real performance issues, but rather that this is a pretense, and that what is occuring is retaliation for using FMLA leave, contact your state and/or the federal department of labor to file a complaint.


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