Austin FMLA Attorney | Family Medical Leave Act Retaliation Lawyer

If you were fired, demoted, or disciplined after taking or requesting Family Medical Leave Act (FMLA) leave at your Austin workplace, you may have a retaliation claim. With 28 years experience, FMLA attorney Jack Nichols represents Travis County employees in FMLA retaliation cases. FMLA retaliation claims do not require you to file a charge with the EEOC or Texas Workforce Commission first — and you have up to two or three years to file suit depending on whether the violation was willful.

What the FMLA Protects

The Family Medical Leave Act entitles eligible employees to up to 12 weeks of unpaid, job-protected leave per year for:

• A serious health condition that prevents the employee from performing the functions of their job
• Caring for a spouse, child, or parent with a serious health condition
• The birth, adoption, or foster placement of a child
• Qualifying exigencies related to a family member’s military service
• Up to 26 weeks to care for a covered servicemember with a serious injury or illness

 

FMLA leave can be taken all at once, in blocks, or intermittently — for example, a few hours per week to attend medical appointments. Employers frequently retaliate against employees who take intermittent FMLA leave because it disrupts scheduling. If your employer has reacted negatively to your FMLA usage, contact an attorney immediately.

Who Qualifies for FMLA in Austin

To be eligible for FMLA leave, you must meet all of the following:

• Your employer has at least 50 employees within 75 miles of your worksite
• You have worked for the employer for at least 12 months
• You have worked at least 1,250 hours in the 12 months before the leave begins

Austin’s large employers — including the University of Texas, Dell, Apple, Tesla, St. David’s HealthCare, Ascension Seton, and major state and city agencies — all meet the 50-employee threshold. If you work for a smaller employer, other laws such as the ADA may still provide protections. An experienced attorney can evaluate which statutes apply to your situation.

What FMLA Retaliation Looks Like

FMLA retaliation occurs when your employer takes an adverse employment action against you because you exercised or attempted to exercise your FMLA rights. Common forms of retaliation Austin employees face include:

• Termination shortly after returning from FMLA leave
• Elimination of your position while you were on leave
• Demotion or reassignment to a lesser position upon return
• Denial of reinstatement to your original or equivalent position
• Sudden negative performance reviews that appear only after FMLA leave
• Increased scrutiny or discipline following FMLA usage
• Denial of bonuses, raises, or promotions tied to FMLA-related absences

 

The FMLA also prohibits interference — your employer cannot deny leave you are entitled to, discourage you from taking it, or require you to perform work while on leave.

FMLA Retaliation vs. FMLA Interference

There are two distinct types of FMLA violations, and you may have claims under both:

• FMLA retaliation — your employer punishes you for taking or requesting protected leave. This requires showing the employer’s adverse action was causally connected to your FMLA activity.
• FMLA interference — your employer denies, delays, or discourages your FMLA leave, or fails to give you proper notice of your rights. Interference claims do not require proving retaliatory intent — only that your employer denied a benefit you were entitled to.

 

Many Austin FMLA cases involve both. An employer who fires you while on leave may have both interfered with your rights and retaliated against you for exercising them.

Proving Your FMLA Retaliation Case

FMLA retaliation cases are built on timing, documentation, and pattern. Key evidence includes:

• Close timing between your FMLA leave or request and the adverse action
• Employer statements expressing frustration about your leave usage
• Performance reviews or discipline that changed after your FMLA request
• Comparator employees who took non-FMLA leave and were treated differently
• Inconsistency between the employer’s stated reason and how it treated others
• Documentation of your FMLA request and your employer’s response
• Medical certifications and any correspondence with HR about your leave

Filing Deadlines — No EEOC Charge Required

Unlike Title VII discrimination claims, FMLA retaliation claims do not require you to first file a charge with the EEOC or Texas Workforce Commission. You can file suit directly in federal court. The statute of limitations is:

• 2 years from the date of the FMLA violation for ordinary violations
• 3 years from the date of the violation if the employer’s conduct was willful

While these deadlines are longer than those for Title VII claims, do not wait. Evidence becomes harder to obtain over time, and witnesses’ memories fade. Contact an Austin FMLA attorney as soon as possible after the adverse action occurs.

What You Can Recover

If your Austin employer violated the FMLA, you may be entitled to:

• Back pay — lost wages and benefits from the date of the violation
• Front pay — future lost earnings if reinstatement is not feasible
• Reinstatement to your former position or an equivalent role
• Liquidated damages — an additional amount equal to your back pay and interest, unless the employer proves good faith
• Attorney’s fees and court costs

Liquidated damages effectively double your back pay award in willful violation cases, making FMLA claims particularly valuable when the employer knew or recklessly disregarded their legal obligations.

Frequently Asked Questions

My Austin employer eliminated my position while I was on FMLA leave. Is that legal?

Generally no. While employers can eliminate positions during a legitimate restructuring, the timing creates a strong inference of retaliation or interference. The employer must show the elimination was based on legitimate business reasons entirely unrelated to your FMLA leave. Attorney Jack Nichols examines whether the position was truly eliminated or simply filled by another employee, and whether the restructuring was pretextual.

Can my employer count my FMLA absences against me in an attendance policy?

No. Counting FMLA-protected absences under a “no-fault” attendance policy is prohibited interference with FMLA rights. Even if the policy is facially neutral, applying it to FMLA-protected leave violates the FMLA. If your employer has disciplined or terminated you based on an attendance record that includes FMLA leave, you may have a strong claim.

I requested FMLA leave but my employer denied it, saying I don’t qualify. What can I do?

If you believe you met the eligibility requirements and your leave request was for a qualifying reason, the denial may constitute FMLA interference. An attorney can review the facts — including your employer’s headcount, your hours worked, and the nature of the medical condition — to determine whether the denial was unlawful.

I work for the City of Austin or a Texas state agency. Does the FMLA apply to me?

Yes. Government employers — including the City of Austin, Travis County, the State of Texas, and UT Austin — are covered by the FMLA. Public employees generally have the same FMLA protections as private-sector employees, though some sovereign immunity issues may affect available remedies against state employers. Contact an attorney to discuss your specific situation.

Why Choose The Law Office of Jack Quentin Nichols, PLLC, as Your Austin FMLA Attorney

• 28 years experience
• Former attorney at the Texas Attorney General’s Office / Texas Workforce Commission
• Licensed in all four U.S. District Courts in Texas, including the Western District of Texas (Austin Division)
• Member: State Bar of Texas Labor & Employment Section; Texas Employment Lawyers Association (TELA)
• Most cases handled on a contingency fee basis — no fee unless we win
• Serving employees throughout Austin, Travis County, Round Rock, Cedar Park, Georgetown, Pflugerville, Kyle, Buda, San Marcos, and all of Central Texas