FMLA, Adverse Employment Actions, And Retaliation

July 30, 2025

Employee Jason Lopez sued Evernia Health Center, LLC, Behavioral Health Holdings, Inc., and Peace of Mind Counseling Services, Inc. in the U.S. District Court for the Southern District of Florida.

Lopez alleges that Evernia Health Center retaliated against him in violation of the Family and Medical Leave Act (FMLA).

According to the complaint, Lopez was employed by Evernia Health Center and took FMLA leave for a serious health condition. Upon his return, he claims he was subjected to adverse employment actions, including demotion and reduction in pay, which he believes were in retaliation for exercising his FMLA rights.

He seeks damages for lost wages, benefits, and other compensation, as well as reinstatement to his former position or an equivalent one.

Source: https://flarecord.com/stories/665218861-plaintiff-alleges-evernia-health-center-llc-of-retaliation-under-the-fmla

Commentary

The Family and Medical Leave Act (FMLA) was enacted in 1993. The FMLA allows employees to take reasonable unpaid leave for certain family and medical reasons.

The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year, and it requires that their group health benefits be maintained during the leave. The law applies to healthcare employers with 50 or more employees.

The FMLA prohibits healthcare employers from retaliating against employees for exercising their rights under the Act. This means that employers cannot interfere with, restrain, or deny the exercise of any FMLA right, nor can they discriminate or retaliate against an employee for having exercised or attempted to exercise any FMLA right.

Additionally, employers are prohibited from discharging or discriminating against any person for opposing or complaining about any unlawful practice under the FMLA.

In the above matter the employee complained of being demoted and having a reduction in pay.

Adverse employment actions in the context of FMLA retaliation include any action by the employer that is likely to dissuade a reasonable worker from exercising their legal rights. Other examples of adverse employment actions include termination of employment, a less distinguished title, a material loss of benefits, significantly diminished material responsibilities, or other actions that substantially interfere with or impair the employee's ability to do their job.

Additional Sources: https://www.dol.gov/general/topic/benefits-leave/fmla and https://www.dol.gov/agencies/whd/fact-sheets/77b-fmla-protections 

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