Certified Leave Management Specialist (CLMS) Certification Practice Test

If a supervisor is reluctant to give an employee who took FMLA leave for cancer treatment new responsibility due to fear of return, is this an example of retaliation?

1. Yes, it is retaliation

2. No, it is a reasonable decision

3. It depends on the project

4. Only if the employee complains

The correct answer is: Yes, it is retaliation

Retaliation, in the context of the Family and Medical Leave Act (FMLA), occurs when an employer takes adverse action against an employee for exercising their rights under the law. In this scenario, if a supervisor hesitates to assign new responsibilities to an employee returning from FMLA leave for cancer treatment due to fears associated with the employee's ability to perform post-treatment, this can be viewed as a form of retaliation. This situation illustrates that the supervisor's decision may be influenced not by the employee's performance or qualifications but rather by the employee's previous use of leave for a serious health condition. Such hesitance can send a negative message to employees about their rights to take FMLA leave and can also perpetuate a culture of fear and discrimination against those who need such leave for legitimate medical reasons. In essence, it undermines the protections intended by the FMLA, which aims to ensure that returning employees are treated fairly and have equal access to opportunities without the stigma of having utilized their leave rights. Retaliation is assessed based on the employer's actions and motivations rather than the nature of the responsibilities or project specifics, making the indication of retaliation particularly relevant in this case.