Work suspension

UPDATED: Sep 30, 2022

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Work suspension

I have been suspended from work
with pay due to my work
performance but this comes a day
after I return from FMLA is this

Asked on February 23, 2017 under Employment Labor Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It depends on whether the performance issues were real or not. If they were legitimate performance issues, documented and/or able to be proven, then you can be suspended for them when returning from FMLA leave. The law prohibits retaliating against (punishing you) for using the leave, but using FMLA leave does not protect you from otherwise valid reasons for discipline, up to and including termination.
If you don't think that there were real performance issues, but rather that this is a pretense, and that what is occuring is retaliation for using FMLA leave, contact your state and/or the federal department of labor to file a complaint.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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