Can My Employer Retaliate Against Me for Taking FMLA in Florida

By Michelle Cohen Levy

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Family and Medical Leave Act (FMLA)

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Last Modified on Sep 21, 2026

Taking time off work to care for yourself or a loved one is a right protected under the Family and Medical Leave Act (FMLA). Yet many employees still wonder: Can my employer retaliate against me for taking FMLA in Florida? In a word, no. Retaliation for exercising FMLA rights is prohibited under federal law.

Proving retaliation and protecting your rights often requires experienced legal guidance from a Fort Lauderdale employment lawyer who understands both federal and Florida labor laws. Understanding your rights and knowing how to respond to retaliation can make all the difference in protecting your career and financial stability.

Recognized Forms of Unlawful Workplace Retaliation

According to the U.S. Department of Labor’s Wage and Hour Division, there were 301 compliance actions with violations in Fiscal Year 2025. This impacted 342 employees nationwide and resulted in $1,029,463.00 in back wages. These figures show that FMLA violations, including retaliation, remain a significant issue across the country.

Consider that when an employer wants to get back at an employee, their retaliation may not always look like immediate termination. This is because employers often attempt to evade legal scrutiny by carrying out indirect adverse actions that harm an employee’s career progression or daily working conditions.

Under federal enforcement guidelines, unlawful retaliatory actions may be:

• Demotion or pay reduction, by way of lowering an employee’s rank, base pay, or bonus eligibility upon their return from approved leave.
• Unfavorable reassignment, in which a boss may relocate a worker to an undesirable shift, location, or department without a legitimate business justification.
• Disciplining or negative evaluations, in which an employer issues sudden written reprimands or downgraded performance ratings for pre-existing or fabricated issues shortly after a leave request.
• Reduction of working hours for the employee, which an employer establishes by cutting shift availability or removing an employee from major projects to diminish their earning potential.
• Hostile work environment, which a boss creates by subjecting an individual to harassment, isolation, or verbal intimidation from supervisors because they took an absence.

Proving Retaliatory Intent Under Federal Rules

When reporting on Fiscal Year 2024, the U.S. Equal Employment Opportunity Commission revealed that for the third consecutive year, it received an increased number of discrimination charge filings. Retaliation, specifically, was the number-one allegation received for the seventeenth year in a row, with 42,301 charges.

Establishing a legal case for leave-related retaliation requires showing a direct connection between the protected statutory activity and the employer’s negative conduct. Courts in Florida, like the 17th Judicial Circuit Court of Florida on SE 6th Street in Fort Lauderdale, evaluate specific legal factors when analyzing these claims. Much of that analysis comes down to the evidence a worker brings to a retaliation claim.

To establish a legal claim, a worker must demonstrate three core elements:

• Protected activity. The employee exercised a statutory right by requesting or taking official medical leave.
• Adverse employment action. The employer subjected the worker to an action that materially affected their job status, pay, or working conditions.
• Causal connection. A direct link exists between the leave request and the negative employment action, often demonstrated through close timing, sudden changes in supervisor attitude, or inconsistent disciplinary records.

Strategic Reasons to Hire an FMLA Lawyer

Partnering with an experienced Florida FMLA attorney changes the dynamic between an aggrieved employee and corporate legal teams. Employers often rely on complex administrative hurdles or assert pretextual business reasons to justify adverse actions.

A qualified lawyer knows how to effectively investigate company attendance records, compare supervisor treatment across staff members, and file administrative charges with federal enforcement oversight bodies. The worker’s own notes carry weight too, which is why writing down each incident as it happens is worth the effort. Using credible evidence, they can litigate federal cases when corporations refuse to compensate affected workers.

Why Choose The Law Office of Michelle Cohen Levy, P.A.

At The Law Office of Michelle Cohen Levy, P.A., we handle FMLA cases, situations like workplace retaliation, and other complex employment disputes. Bringing deep familiarity with Florida courts, our legal team combines thorough statutory research with aggressive courtroom advocacy.

Our founding attorney, Michelle Cohen Levy, P.A., is well-versed in FMLA laws and employment laws, and knows how to challenge corporate misconduct and secure remedies for employees treated unlawfully. While past case results don’t guarantee future outcomes, clients can trust Michelle Cohen Levy to deliver personalized client care, clear strategic counsel, and thorough evidence preparation to every case, seeking justice and career protection.

FAQs

How Serious Is FMLA Retaliation?

FMLA retaliation is serious, as it’s a severe federal statutory violation. Under 29 CFR 825.400, federal courts hold employers financially accountable for retaliating against workers who exercise leave rights. Violations expose companies to mandatory back pay, interest, mandatory liquidated damages, emotional distress remedies where applicable, and mandatory coverage of the employee’s legal fees.

What Protections Does the FMLA Offer Against Employer Interference?

FMLA offers protections against employer interference, outlined in 29 CFR 825.220. This statute prohibits employers from interfering with, restraining, or denying employees’ right to take protected leave. This includes discouraging leave use, manipulating work hours to avoid eligibility, or using leave as a negative factor in employment decisions. Violations can lead to reinstatement and compensation.

Can You Be Disciplined for Performance Issues That Occur During FMLA Leave?

You can only be disciplined for legitimate performance issues that occur during FMLA leave. So, your boss can discipline you for any performance issues or misconduct they documented before you took leave, as long as it’s factual and consistent. However, any demotion or termination tied directly to absences or leave use can violate federal law, and losing a job soon after filing a claim often points to that kind of violation.

How Much Can You File a Claim for if an Employer Commits FMLA Retaliation?

If an employer commits FMLA retaliation, how much you can file a claim for depends on your economic losses. Recoverable remedies include full back pay of lost wages and benefits, front pay for future lost earnings, mandatory liquidated damages equal to lost compensation, which are double the award unless the employer proves good faith, and full recovery of attorney fees and litigation costs.

Protect Yourself Against Workplace Retaliation

Employers can’t force workers to choose between personal medical needs and professional survival. If your employer penalized you, altered your job duties, or terminated your employment after requesting or using medical leave, take action immediately and hire an FMLA lawyer. Contact The Law Office of Michelle Cohen Levy, P.A., today to protect your professional standing.