Retaliation is not OK under FMLA

 

In a recent Six Circuit case, the employer-appellant’s contention that the Family Medical Leave Act does not prohibit retaliation against an employee who takes FMLA leave was rejected by the court.  Plaintiff-Appellee Martha Bryant prevailed in a jury trial on her claim that Defendant-Appellant Dollar General Corporation (“Dollar General”) fired her in retaliation for her exercise of leave guaranteed by the Family and Medical Leave Act (“FMLA”).  Dollar General appealed contending that the FMLA does not prohibit retaliation against an employee who takes FMLA leave.  The court affirmed holding that both the FMLA and its implementing regulations prohibit employers from retaliating against employees who have exercised FMLA leave. You can find the link here