Legal Question in Medical Leave in Tennessee

Family Medical Leave Coverage

I requested family medical leave for an injury to my back from Nov. 18, 2006 thru December 7, 2006 and it was approved by our family medical leave coordinator. I have now been given notice that I am going to be removed from the U.S. postal service for improper conduct. Can my employer take this action since I was covered by family medical leave.


Asked on 1/30/07, 12:52 pm

2 Answers from Attorneys
Alan Crone Crone & McEvoy, PLC

Re: Family Medical Leave Coverage

Your employer cannot retaliate against you for using family medical leave. If you can prove that this was the reason for the termination you can get your job back plus damages.

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Answered on 1/30/07, 1:39 pm
James R. Becker, Jr. Becker Law Firm

Re: Family Medical Leave Coverage

It depends on the reason for the employer's action. If the action is motivated by something that occurred prior to your taking FMLA leave and the reaction is legitimate, then the FMLA will not protect your job. On the other hand, if the employer is motivated by a desire to retaliate against you for taking FMLA leave, then the action can be challenged.

You will probably want to spend some time with an attorney to go over your situation. For more information about the FMLA, you can visit my website, www.memphisemploymentlawyer.net, or you can visit the Department of Labor website at www.dol.gov.

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Answered on 1/30/07, 4:05 pm


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