Q: Is attempting to use FMLA considered a right?
Does an employer have the right to terminate your employment for attempting to use FMLA for a day of work when you already have FMLA benefits?
Could this be considered retaliation?
What is considered by law FMLA retaliation?
A: Hi. If you can show that your attempt to use FMLA was the reason for your termination, you may have a claim for retaliation. Retaliation can be shown through different factors: the proximity in time between your attempted FMLA use and your termination, hostility towards you after FMLA use/attempt to use, better treatment of employees that don't use FMLA, amongst other things. I would recommend reaching out to an employment lawyer for a consultation.
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