Retaliation
Adverse action against an employee for exercising leave rights.
Definition
Retaliation occurs when an employer takes adverse action against an employee for exercising their leave rights, such as using sick leave, requesting FMLA, or filing a leave-related complaint. Adverse actions include termination, demotion, reduced hours, or any negative change in terms of employment.
Legal Context
Retaliation is prohibited under FMLA, ADA, state sick leave laws, and other employment laws. Employees can file complaints with the DOL or sue for damages.
Quick Facts
- Term
- Retaliation
- Category
- Compliance & Legal
Related Terms
Helpful Resources
Explore More Terms
Paid Sick Leave
State or locally mandated sick time with pay.
FMLA (Family and Medical Leave Act)
Federal law providing 12 weeks of unpaid, job-protected leave.
Intermittent FMLA Leave
FMLA leave taken in separate blocks of time.
FMLA Eligibility
Requirements employees must meet to qualify for FMLA leave.
Serious Health Condition
An illness or injury requiring inpatient care or continuing treatment.
Medical Certification
Documentation from a healthcare provider supporting a leave request.
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