Employee claims company violated Family and Medical Leave Act

Imagine temporarily leaving a job for multiple weeks to tend to a sick family member and then returning to work, only to find out that one’s job no longer exists. This can be frustrating and scary for a worker in Wisconsin who depends on that job to live — and it also may be illegal under the Family and Medical Leave Act. One woman recently said she experienced this type of treatment and has filed a lawsuit against her employer as a result.

A woman in another state has filed a suit against a college after she said she was terminated after coming back to work from a family and medical leave. The lawsuit was filed in mid-May, citing a violation of her civil rights. The woman said she took her leave under FMLA between Oct. 2012 and Feb. 2013.

The leave was then extended until March 2013. When the woman returned to her job, she found out that she was taken from her normal duties and was forced to do special projects instead. She was then told that her job would end in May 2013.

The woman in her suit says that the employer was discriminatory. As a result, she is seeking the reinstatement of her job or front pay, back pay and damages. An eligible employee has the right to take up to 12 weeks of leave under the Family and Medical Leave Act without losing his or her job or health insurance. An employee in Wisconsin whose FMLA rights are violated may elect to try to hold his or her employer financially responsible for the alleged wrongdoing in civil court.

Source: The Southeast Texas Record, “College of Mainland sued for alleged FMLA violations”, Annie Cosby, May 26, 2014

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