Retaliation for Taking Paid Family Leave for Mental Health Crisis
Larry worked in maintenance at a Massachusetts college. He had worked for the college on and off for many years, with a positive employment record.
He struggled with depression, and at one point was put on a new anti-depressant medication. As a result of complications associated with the medication, he had an acute and severe episode and attempted suicide. Following this, Larry took leave under the FMLA to address both his physical and psychological injuries. Shortly after he informed the college that he was ready to return to work, and provided all of the required documentation from his providers, he was told that they had conducted an "investigation" into his record prior to the leave and were terminating his employment. This was a huge blow to Larry, who was just getting back on his feet after a very traumatic experience, and who had years invested in this particular job. Family Medical Leave Law SolutionThough this all occurred before the Massachusetts Paid Family Leave Act went into effect, Larry was covered by the federal Family Medical Leave Act ("FMLA") which prohibits retaliation against an employee for taking protected leave.
We reviewed Larry's file and history, and sent a demand letter to the college alleging disability discrimination and violation of the FMLA. We were able to resolve this with a settlement before filing suit. PostscriptResolving Larry's matter without going to court was an important victory for him, because the details of his situation were very personal and might have created problems for him in the future if they were in the public record in a lawsuit.
If you are in a similar situation, remember that now both federal and state laws protect you from retaliation for taking a needed family or medical leave, and that under the state law a termination or demotion within six months of your leave is presumed to be retaliatory. Also remember that, as with Larry, an employment lawyer may be able to help get you compensation without filing a public complaint. |
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