What Washington Employees Should Do If They Face Discrimination After Requesting FMLA Leave

When an employee in Washington requests leave under the Family and Medical Leave Act (FMLA), they expect to be protected from retaliation or discrimination. Unfortunately, some workers face unfair treatment after exercising their right to take FMLA leave. If you believe your employer is discriminating against you because you asked for FMLA leave, it’s crucial to know your rights and the steps you can take to protect yourself.

Understanding Your Rights Under FMLA

The FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. This includes caring for a newborn, a seriously ill family member, or dealing with your own serious health condition. The law also requires employers to maintain your health benefits during this leave.

Importantly, the FMLA prohibits employers from discriminating or retaliating against employees for taking leave. This means your employer cannot fire you, demote you, reduce your hours, or treat you unfairly because you requested or used FMLA leave.

In Washington state, additional protections may apply under state laws, which sometimes offer broader coverage than federal law. Knowing both federal and state protections strengthens your position if you face discrimination.

Signs You May Be Facing Discrimination After Requesting FMLA Leave

Discrimination can take many forms. Here are some common signs that your employer might be retaliating against you for taking FMLA leave:

• You receive negative performance reviews without clear reasons shortly after returning from leave.

• Your supervisor excludes you from important meetings or projects.

• You are demoted or your responsibilities are unfairly reduced.

• Your work schedule is changed in a way that makes it difficult to balance your health or family needs.

• You face verbal warnings or disciplinary actions that seem unrelated to your job performance.

• You are laid off or terminated soon after requesting or returning from FMLA leave.

  
  

If you notice any of these signs, document everything carefully. Keep emails, notes from meetings, and notes of conversations that relate to your leave and any changes in your treatment at work.

What to Do If You Suspect Discrimination or Retaliation

1. Document Everything

Start by keeping a detailed record of all interactions related to your FMLA leave and any treatment that feels discriminatory. Include dates, times, what was said or done, and who was involved. This documentation can be critical if you decide to file a complaint or take legal action.

2. Review Your Employer’s Policies

Check your employer’s handbook or policies on leave, discrimination, and retaliation. Some companies have specific procedures for reporting discrimination or retaliation as well as how to request various types of leave.

3. Communicate Clearly

Many times, employers may use the excuse that the employee did not diligently respond back or communicate or provide the appropriate documents. Make sure you keep a log of all communications. Ensure you are communicating with any designated person the company identified - sometimes this may be the direct supervisor, HR, or a leave specialist.

Consulting with an employment lawyer who understands FMLA and Washington state laws can help you understand your options. A lawyer can guide you through the process, negotiate with your employer, or represent you in court if necessary. Feel free to reach out to one of our Seattle FMLA lawyers early in the process.