Family and Medical Leave Act - Retaliation Claims

State:
Multi-State
Control #:
US-JURY-11THCIR-4-15
Format:
Word
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Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions The Family and Medical Leave Act (FMLA) of 1993 provides certain employees with up to 12 weeks of unpaid, job-protected leave for qualified medical and family reasons. It also provides protection for employees who have been retaliated against for exercising their rights under the FMLA. Retaliation claims under the FMLA may include denial of leave, termination, suspension, demotion, reassignment, failure to promote, or any other adverse action taken against an employee for exercising their rights under the FMLA. There are two types of FMLA retaliation claims: (1) interference claims, which involve retaliation for exercising or attempting to exercise rights under the FMLA, and (2) retaliation claims, which involve retaliation for opposing practices that are unlawful under the FMLA. In order to prove an FMLA retaliation claim, an employee must show that (1) they engaged in a protected activity under the FMLA, (2) the employer took an adverse action against them, and (3) there is a causal connection between the protected activity and the adverse action. If an employee can prove that their employer has retaliated against them for exercising their FMLA rights, they may be entitled to damages, including back pay, reinstatement, and other appropriate remedies.

The Family and Medical Leave Act (FMLA) of 1993 provides certain employees with up to 12 weeks of unpaid, job-protected leave for qualified medical and family reasons. It also provides protection for employees who have been retaliated against for exercising their rights under the FMLA. Retaliation claims under the FMLA may include denial of leave, termination, suspension, demotion, reassignment, failure to promote, or any other adverse action taken against an employee for exercising their rights under the FMLA. There are two types of FMLA retaliation claims: (1) interference claims, which involve retaliation for exercising or attempting to exercise rights under the FMLA, and (2) retaliation claims, which involve retaliation for opposing practices that are unlawful under the FMLA. In order to prove an FMLA retaliation claim, an employee must show that (1) they engaged in a protected activity under the FMLA, (2) the employer took an adverse action against them, and (3) there is a causal connection between the protected activity and the adverse action. If an employee can prove that their employer has retaliated against them for exercising their FMLA rights, they may be entitled to damages, including back pay, reinstatement, and other appropriate remedies.

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Family and Medical Leave Act - Retaliation Claims