Legal Question in Medical Leave in Indiana

FMLA Discrimination

I use the FMLA quite often because I have a child that is sick quite often. I noticed FMLA discrimination first when I received my first review. On the attendance portion I was automatically given a ''3'' because I used the FMLA. This lowered the amount of my pay increase. Then again after the eighth or ninth job promotion I was passed up by other less qualified candidates. There are many other instances of FMLA discrimination. Can I pursue this issue legally with any hope for success?


Asked on 6/03/03, 10:39 pm

1 Answer from Attorneys
Kenneth Lauter Kenneth E. Lauter, PC

Re: FMLA Discrimination

It appears you have a meritorious FMLA claim. The FMLA bars employers from penalizing employees for taking protected leave. Your employer may not downgrade you on a performance review, nor deny you a promotion, for taking protected leave. The statute of limitations for FMLA violations is two years (3 years if intentional). Please feel free to contact me if you would like to discuss pursuing a claim.

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Answered on 6/04/03, 11:55 am


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