Retaliation for Intermittent FMLA Leave

Punished for Taking Intermittent Leave? That’s Retaliation, Too

If you're taking intermittent leave, whether to care for someone close, manage ongoing health issues, or make those critical medical appointments, you shouldn't have to worry about work turning against you. But a lot of people do. Today it's a subtle jab, tomorrow it’s your shift getting moved with no explanation. Suddenly, your job feels like it’s working against you, not with you. That kind of stress isn’t normal. It’s retaliation. FMLA retaliation attorneys see this all the time, and it’s more common than you’d think.

At Horn Wright, LLP, we understand the pressure you're under. You're trying to do the right thing: to hold your job, care for your health, and still show up every day. And if you're in New York, you’ve actually got strong protections like folks in neighboring states including Vermont and New Hampshire. Laws in this state and in Maine too offer extra safeguards like paid family leave and clearer rules that stop employers from crossing the line.

Why Employers in NYC Take Aim at Intermittent Leave

You’re not asking for the world. You just need a few hours here and there to deal with life, health, family, and sanity. Sounds reasonable, right? It is. But if you’re working in a nonstop retail setting, your absence, even for good reason, can spark drama fast.

Instead of empathy, you get side-eyes. Instead of support, you’re made to feel like you’re cheating the system. And if favoritism runs deep at your workplace, it can feel even worse. Others get flexibility, while you get grief.

Managers start watching your clock more closely. Suddenly, “we’re all family here” feels more like surveillance. And these things add up. FMLA retaliation attorneys know that retaliation doesn’t usually come all at once. It builds, especially when it's wrapped up in discrimination or hidden bias.

The "Disruption" Lie: A Convenient Excuse to Undermine You

“Disruption” is the go-to excuse. Employers say your leave throws off the flow. But what they don’t say is that the problem often isn’t your schedule but their bias.

They claim it’s about fairness or operations. But these are the same excuses used to quietly push out older workers in age discrimination cases.

Meanwhile, your hours get trimmed, your workload shrinks, and your paycheck feels lighter. This can spill into wage and hour issues, too. And yes, the Wage and Hour Division pays attention when these patterns show up.

Death by a Thousand Cuts: Retaliation That Slowly Squeezes You Out

Most folks aren’t fired for using leave. Not directly. Instead, the pressure ramps up. You’re dropped from team meetings. You're left out of key emails. Your schedule shifts to hours that make life impossible.

And when you ask questions, you're told it's “business needs.” But if you’ve noticed this kind of pattern, you might be stuck in a hostile work environment.

These slow-burn tactics are sneaky, and they wear you down. But you don’t have to just take it. These slow-burn tactics are sneaky and they wear you down. But you don’t have to just take it. Knowing what’s in the FMLA Employee Guide gives you real power as it lays it all out, what leave you're entitled to, how to use it properly, and how to spot when something's gone wrong.

Pushed to Quit: When Work Becomes Unlivable

Sometimes it’s about nudging you toward the exit. The assignments stop making sense. Your boss starts nitpicking. One by one, the reasons to stay disappear.

And if you do leave, that can still be illegal, especially when the push is rooted in retaliation. Paid Family Leave Protections make it clear that you can’t be punished for using your time lawfully.

Even if the words “you’re fired” are never said, being forced out may still count as wrongful termination.

How Employers Try to Bend the Rules

It starts small. Maybe your boss insists on a doctor’s note every time, blocks your time-off request because “we’re short staffed,” or tells you to use PTO instead. It adds up fast and it’s not okay.

This stuff happens constantly. In fact, in 2024 alone, investigators took action in 349 separate FMLA violation cases, securing over $1.48 million in back wages for affected workers. Don’t fall for the “it’s just policy” excuse. And if you’re losing hours or wages in the process, that could be an unpaid wages violation.

No Pink Slip Needed: Retaliation Can Still Be Real

Let’s say you're still technically employed, but your hours are slashed, your role’s been stripped, and your performance reviews take a dive. That’s downright retaliation.

And if it’s happening quietly, it might be part of a toxic pattern. New York Labor Law § 215 makes it illegal for employers to penalize or discriminate against you for exercising your rights like using FMLA leave or filing a complaint about it. This law also recognizes how retaliation can overlap with other forms of workplace bias, including sex discrimination, creating an even more hostile environment.

Fighting Back in the Empire State: Don’t Let Them Win

You’ve got rights and you don’t have to wait for things to get worse. There are steps you can take, right now.

Navigating HR Without Getting Burned

HR’s not always your ally. But they document things too, which is why it pays to stay calm and clear. Stick to the facts. “Since I submitted FMLA paperwork, I’ve noticed changes in my schedule. Can we talk about it?”

Always follow up in writing. That email trail matters, especially if things take a turn. If they do, you might be looking at wrongful termination.

New York City’s Paid Safe and Sick Leave Law gives you job-protected time off for your health, family care, or even recovery from domestic violence or sexual abuse. Depending on your employer’s size, you may be entitled to up to 56 hours of paid leave per year and beginning in 2025, an extra 20 hours of paid prenatal leave. Employers must let you use this time without retaliation and track your balance clearly.

From Complaint to Courtroom: When It’s Time to Lawyer Up

If internal complaints don’t go anywhere, don’t hesitate. File with the Department of Labor or the state’s Division of Human Rights. Legal action isn’t about revenge but protection. Under 29 U.S.C. § 2615, retaliation for using FMLA leave is illegal.

And if you’ve already raised your voice, you may also be protected under whistleblower retaliation laws.

Ready to Push Back? Let a Legal Ally Help You Reclaim Control

You’ve done your best to stay strong through it all, juggling your health, your job, and the stress in between. You shouldn’t have to battle your employer just to take the time you’re legally owed.

If you're feeling the pressure or seeing the red flags, trust your gut and get someone in your corner.

Reach out to Horn Wright, LLP. Our FMLA retalitaion attorneys know the tactics, the pressure points, and how to fight back so you can focus on what matters.