San Antonio FMLA Attorney | Family Medical Leave Act Retaliation Lawyer

If you were fired, demoted, or punished after taking or requesting FMLA leave in San Antonio, you may have a Family Medical Leave Act retaliation claim. The FMLA prohibits employers from interfering with an employee’s right to take leave and from retaliating against an employee for exercising those rights. With 28 years experience, San Antonio FMLA retaliation attorney Jack Nichols represents Bexar County and South Texas employees. Whether you work in healthcare, construction, private contracting, hospitality, or any other private-sector industry in San Antonio, federal law protects your right to take FMLA leave. Call (512) 595-1269 for a free confidential consultation.

About the Attorney: Jack Quentin Nichols is licensed by the State Bar of Texas (admitted 1997) and has represented Texas employees exclusively for 28 years. Former attorney at the Texas Attorney General’s Office/Texas Workforce Commission. Learn more about Jack Nichols →

What Is FMLA Retaliation in San Antonio?

The Family Medical Leave Act (FMLA) entitles eligible employees at covered employers to take up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons — including the employee’s own serious health condition, the birth or adoption of a child, or the serious health condition of a spouse, child, or parent. The law also protects employees who take leave to care for a covered servicemember with a serious injury or illness (up to 26 weeks).

FMLA retaliation occurs when an employer punishes an employee for exercising these rights. Protected activity includes:

• Requesting FMLA leave — even before it is formally approved
• Taking approved FMLA leave, whether continuous or intermittent
• Returning from FMLA leave and seeking reinstatement to the same or equivalent position
• Complaining about FMLA interference or retaliation
• Filing a complaint with the Department of Labor about FMLA violations

Which San Antonio Employers Are Covered by the FMLA?

The FMLA applies to private employers with 50 or more employees within 75 miles of the employee’s worksite. To be eligible, an employee must have worked for the employer for at least 12 months, worked at least 1,250 hours in the past 12 months, and work at a location where the employer has 50 or more employees within 75 miles. Most mid-size and large private employers in the San Antonio metro — including those in healthcare, construction, manufacturing, financial services, hospitality, and private contracting — are covered. If you are unsure whether your employer is covered, contact an FMLA attorney to evaluate your eligibility.

San Antonio Industries Where FMLA Retaliation Occurs

FMLA retaliation in San Antonio and the surrounding South Texas region occurs across all industries where covered private employers operate. Our firm handles cases from:

• Healthcare and medical services: Nurses, medical assistants, technicians, and healthcare support staff at private San Antonio healthcare facilities who take FMLA leave for their own serious health condition, childbirth, or a family member’s illness sometimes face termination, demotion, or exclusion from desired assignments upon returning
• Private contracting and defense support: Civilian employees working for private contractors in and around San Antonio who take FMLA leave sometimes return to find their contract assignment eliminated, their role restructured, or pretextual discipline waiting for them
• Construction and skilled trades: Construction workers and skilled tradespeople in the San Antonio metro who take FMLA leave for injuries, surgeries, or serious health conditions sometimes find that their position has been filled or that their employer has manufactured a reason to avoid reinstating them
• Hospitality and food service: Hotel workers, restaurant employees, and event staff throughout Bexar County who take FMLA leave for childbirth or serious illness sometimes return to changed schedules, reduced hours, or termination
• Manufacturing and industrial: Plant workers and industrial employees in San Antonio-area manufacturing operations who take FMLA leave for serious health conditions or surgeries sometimes face pretextual discipline or termination upon return
• Financial services and professional offices: Office workers and professionals who take FMLA leave for mental health conditions, serious illness, or family care sometimes face sudden negative performance reviews or restructured roles when they return
• Retail and service businesses: Retail employees and customer service workers throughout Bexar County who take FMLA leave for qualifying conditions sometimes face retaliation including schedule manipulation, demotion, or termination

What FMLA Retaliation Looks Like in San Antonio Workplaces

FMLA retaliation in San Antonio takes many forms — not all of them as obvious as an immediate firing upon return:

• Termination or forced resignation upon returning from FMLA leave or shortly thereafter
• Failure to reinstate to the same or an equivalent position after FMLA leave ends
• Demotion, pay cut, or reduction in responsibilities upon return from leave
• Sudden negative performance evaluations that appear for the first time after the leave request or upon return
• Being placed on a performance improvement plan (PIP) shortly after requesting or returning from FMLA leave
• Exclusion from projects, shifts, or advancement opportunities that were available before the leave
• Increased scrutiny, hostile treatment, or unwarranted discipline following FMLA leave
• Claiming a reduction in force or restructuring that specifically targets the employee who took leave
• Denying intermittent FMLA leave or disciplining employees for absences that qualify as FMLA leave

FMLA Interference vs. FMLA Retaliation — Two Distinct Claims

Texas employees in San Antonio may have two separate FMLA claims depending on the facts:

• FMLA Interference: When your employer denies, delays, or discourages FMLA leave you are entitled to — including failing to notify you of your FMLA rights, counting FMLA absences against you under an attendance policy, or refusing to reinstate you to an equivalent position
• FMLA Retaliation: When your employer takes adverse action against you because you requested or took FMLA leave — even if the leave itself was approved and taken

You may have both claims simultaneously. Attorney Jack Nichols can evaluate which theory — or both — applies to your specific San Antonio situation.

Filing Deadlines for San Antonio FMLA Claims

FMLA claims must be filed within:

• 2 years — from the date of the FMLA violation for standard violations
• 3 years — if the violation was willful (i.e., the employer knew or recklessly disregarded that its conduct violated the FMLA)

Unlike discrimination claims, FMLA claims do not require you to first file a charge with the EEOC or TWC — you can file directly in federal court. However, do not wait — evidence deteriorates quickly and the deadline is firm. Contact a San Antonio FMLA attorney immediately after any adverse employment action.

What Damages Can a San Antonio Employee Recover for FMLA Retaliation?

A successful FMLA claimant in San Antonio may recover:

• Back pay — lost wages and benefits from the date of the adverse action
• Front pay — future lost earnings where reinstatement is not feasible
• Reinstatement to the same or an equivalent position
• Liquidated (double) damages — equal to the amount of back pay and benefits lost, available when the employer cannot prove it acted in good faith
• Attorney’s fees and court costs

Frequently Asked Questions — San Antonio FMLA Retaliation

I returned from FMLA maternity leave in San Antonio and was told my position had been eliminated. Is that legal?

Not necessarily. Eliminating a position specifically because an employee took FMLA leave is unlawful retaliation and interference. Your employer must reinstate you to the same position or an equivalent one — meaning equivalent pay, benefits, responsibilities, and working conditions. If the “elimination” was pretextual or timed to avoid reinstating you, you have a strong FMLA claim. Contact a San Antonio FMLA attorney immediately — the two or three-year deadline begins from the date of the violation.

I work in San Antonio and was placed on a PIP two weeks after returning from FMLA leave for a serious illness. I had no prior performance issues. Is that retaliation?

Yes — a PIP issued for the first time shortly after an employee returns from FMLA leave, with no prior performance concerns, is a well-recognized pattern of FMLA retaliation. Gather all prior performance reviews, commendations, and positive feedback you received before the leave. The contrast between your pre-leave record and the sudden PIP is powerful evidence that it is pretextual. Contact a San Antonio FMLA attorney now to evaluate your claim.

My San Antonio employer denied my request for intermittent FMLA leave and counted my qualifying absences against me under an attendance policy. What can I do?

This is FMLA interference — your employer cannot count absences that qualify as FMLA leave against you under an attendance or no-fault absence policy. If you were disciplined or terminated because of absences that should have been protected by the FMLA, you have a viable interference claim even if you were never formally granted FMLA leave. Contact a San Antonio FMLA attorney immediately to evaluate your eligibility and the strength of your claim.

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

• 28 years experience
• Former attorney at the Texas Attorney General’s Office / Texas Workforce Commission
• Licensed in the Western District of Texas (San Antonio Division)
• Member: State Bar of Texas Labor & Employment Section; Texas Employment Lawyers Association (TELA)
• Contingency fee basis — no fee unless we win
• Serving employees in San Antonio, New Braunfels, Seguin, Schertz, Converse, Universal City, Boerne, Kerrville, Laredo, Eagle Pass, Del Rio, and all of Bexar, Comal, Guadalupe, Medina, Atascosa, and Wilson counties

 

The Law Office of Jack Quentin Nichols, PLLC

Texas Discrimination Attorney | Texas Employment, Retaliation & Sexual Harassment Attorney | 28 Years of Experience

Licensed by the State Bar of Texas since 1997  |  Former Texas Attorney General’s Office representing the Texas Workforce Commission  | 

Member: State Bar of Texas — Labor & Employment Section  |  Texas Employment Lawyers Association (TELA)

Admitted to practice before the United States Court of Appeals for the 5th Circuit and the

United States District Courts for the Western, Southern, Northern, and Eastern Districts of Texas.

Representing employees in Austin, Houston, San Antonio & all of Texas.

Book a Free Confidential Consultation   ☎ (512) 595-1269