Job Protection and Retaliation


Your Rights Under the FAMLI Act

The FAMLI Act gives you certain protected rights, including but not limited to:

  • Applying for FAMLI leave
  • Taking FAMLI leave
  • Talking about FAMLI leave to your employer or to anyone else
  • Filing an appeal with the FAMLI Division
  • Filing a complaint with the FAMLI Division
  • Participating in a FAMLI hearing or investigation

It is unlawful for an employer or anyone else to interfere with those rights, retaliate against you for exercising those rights, or discriminate against you for exercising those rights.  

Your Protections

The FAMLI Act provides the following protections:

  • Continuation of your health insurance coverage while you are out on leave
  • If you have been employed with your employer for at least 180 days before taking leave, the right to return to your old job, or to an equivalent position with equivalent pay and benefits after your leave is done 
  • Protection from discrimination, retaliation, and interference with your ability to take paid family and medical leave.

Filing a Complaint with the FAMLI Division

You may file a complaint with the Job Protection and Retaliation Investigations Unit of the FAMLI Division if your employer has:

  • Interfered with your ability to apply for or receive paid family and medical leave benefits
  • Failed to give you back your old job, or an equivalent job, after you return from FAMLI leave
  • Fired you for a FAMLI-related reason
  • Reduced your hours for a FAMLI-related reason
  • Disciplined you in any way for a FAMLI-related reason

The examples above are not a complete list. There may be other ways you believe your employer has retaliated against you or interfered with your FAMLI rights. If you would like to file a formal complaint against your employer, please complete and sign the Retaliation and Interference Complaint form.

Job Protection and Retaliation Complaint Form

The Job Protection and Retaliation Investigations Unit will review your complaint and any attached documents within 90 days. If your complaint is selected for investigation, and the FAMLI Division finds your employer acted unlawfully, your employer may be liable for monetary damages and may be required to give you your job back.