Updated December 21, 2025
FMLA Cases Won By Employees
When you're facing a serious health condition or family medical emergency, the last thing you need is to worry about losing your job. Unfortunately, many workers find their employment threatened during these vulnerable times, despite legal protections in place. FMLA cases won by employees demonstrate that workers can successfully fight back when their rights are violated.
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons. Despite this federal protection, some employers still terminate, demote, or otherwise penalize workers who exercise these rights. Fortunately, courts across the country have repeatedly sided with employees when employers cross this line.
From workers fired after cancer diagnoses to employees demoted following maternity leave, real-life FMLA success stories show that the legal system can deliver justice when companies violate these essential protections. These cases also reveal the critical factors that help employees prevail in court, such as proper documentation and timely legal consultation.
This guide examines eight landmark FMLA cases where employees ultimately won their fights against employer retaliation and discrimination. We'll analyze what made these cases successful and provide practical steps to protect yourself if you suspect your FMLA rights are being violated.
FMLA and ADA: What Protections Do Employees Have?
Federal law provides two major shields for workers facing medical challenges: the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Understanding these protections can make all the difference when health issues affect your ability to work.
Understanding FMLA eligibility and coverage
The FMLA grants eligible employees up to 12 weeks of unpaid, job-protected leave per year [1]. This crucial protection applies to all public agencies, public and private elementary and secondary schools, and companies with 50 or more employees [1].
To qualify for FMLA protection, you must meet all of these requirements:
- Work for a covered employer
- Have been employed for at least 12 months
- Have worked at least 1,250 hours during the 12 months before leave begins
- Work at a location where your employer has at least 50 employees within a 75-mile radius [2]
FMLA covers several specific situations, including:
- Birth, adoption, or foster placement of a child
- Caring for an immediate family member with a serious health condition
- Your own serious health condition that prevents you from performing essential job functions
- Qualifying exigencies related to a family member's military service [1]
Furthermore, the law includes special provisions for military families, allowing up to 26 weeks of leave to care for a service member with a serious injury or illness [3].
ADA accommodations and medical leave
While FMLA focuses on leave, the ADA prohibits discrimination against people with disabilities and requires employers to provide reasonable accommodations [4]. The ADA applies to employers with 15 or more employees [5].
Under the ADA, a person with a disability has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such an impairment [6].
Reasonable accommodations may include:
- Modifications to work schedules
- Telecommuting options
- Changes to facilities
- Extended leave beyond FMLA entitlements [6]
Notably, unlike FMLA, the ADA doesn't specify a maximum leave duration. Instead, accommodations depend on individual circumstances and should be granted unless they cause "undue hardship" to the employer [5].
How these laws work together to protect workers
Although FMLA and ADA serve different purposes, they often work in tandem to provide comprehensive protection [7]. Consider this example: an employee uses their full 12 weeks of FMLA leave for cancer treatment but isn't ready to return to work. The ADA might require the employer to provide additional leave as a reasonable accommodation [6].
According to EEOC guidance, "compliance with the FMLA does not necessarily meet an employer's obligation under the ADA, and the fact that additional leave exceeds what is permitted under the FMLA, by itself, is not sufficient to show undue hardship" [4].
Additionally, both laws protect against retaliation. Employers cannot punish workers for using FMLA leave or requesting ADA accommodations [3].
However, important distinctions exist. A "serious health condition" under FMLA isn't automatically a "disability" under the ADA [7]. Moreover, the FMLA provides a specific leave entitlement, whereas the ADA requires case-by-case assessment of reasonable accommodations [8].
The overlap between these laws creates a safety net for workers with health challenges. By understanding both sets of protections, employees can better advocate for their rights when facing medical difficulties that impact their work.
When Termination During Medical Leave Becomes Illegal
Taking medical leave should never put your job at risk. Yet many employees face termination or adverse actions while on FMLA or ADA-protected leave. Understanding when such terminations cross into illegal territory can help protect your rights and livelihood.
Firing as retaliation for taking leave
Retaliation occurs when an employer takes adverse action against an employee specifically because they exercised their rights under FMLA or ADA. The law explicitly prohibits employers from discharging or discriminating against any person for opposing unlawful practices under the FMLA [9].
Retaliatory actions might include termination, demotion, negative performance evaluations, or other disciplinary measures that wouldn't have occurred if the employee hadn't taken leave. One telling case involved Kmart Corporation, which terminated an employee during medical leave citing "workforce reduction" based on performance evaluations. Upon investigation, the court discovered the company had given the employee a poor evaluation while on FMLA-approved leave, despite an "excellent" review just four weeks prior [10].
Timing often becomes a critical factor in establishing retaliation. Terminations during or immediately following FMLA leave create significant legal risk for employers even when legitimate reasons exist [11]. Consequently, courts scrutinize whether termination decisions were finalized before leave started or delayed long enough after return to avoid retaliation claims.
Discrimination based on health or disability
Termination becomes illegal whenever an employee's health condition or disability serves as the basis for the decision. Both federal and state laws prohibit discrimination based on medical conditions regarding employment decisions [12].
The New York State Human Rights Law, for example, protects employees with disabilities or pregnancy-related conditions from discrimination by requiring employers to make reasonable accommodations [13]. Similarly, Title VII of the Civil Rights Act prohibits discrimination based on various factors, including pregnancy and disability [13].
In fact, employers may not penalize an employee for using leave as a reasonable accommodation, as doing so would violate the ADA by rendering the accommodation ineffective [14]. For instance, instead of giving an employee an unsatisfactory rating for failing to meet production quotas while on leave, supervisors should evaluate performance taking into account productivity for months actually worked [14].
Violation of FMLA or ADA procedures
Procedural violations represent another category of illegal terminations. Common FMLA violations include counting protected absences against employees under attendance policies [15]. Even with "no-fault" attendance policies, employers cannot penalize workers for FMLA-protected time off.
Employers violate the law by interfering with FMLA rights through:
- Refusing to authorize leave for eligible employees
- Discouraging employees from using FMLA leave
- Manipulating work hours to avoid FMLA responsibilities
- Using FMLA requests as negative factors in employment actions [9]
Additionally, employers must follow proper procedures when considering termination. Policies requiring employees on extended leave to be "100 percent healed" before returning may violate the ADA by denying reasonable accommodations [14]. Likewise, assuming employees can be fired immediately after exhausting 12 weeks of FMLA leave is often incorrect, as the ADA might require extended leave as an accommodation [15].
Remember that while FMLA provides strong protection, it doesn't guarantee absolute immunity from termination. If there's a legitimate, non-discriminatory reason unrelated to the leave, an employer may legally terminate an employee [16]. Nevertheless, the burden falls on employers to prove the decision would have occurred regardless of the protected leave.
8 Real FMLA Cases Won by Employees
Behind every successful FMLA lawsuit lies a real person who stood up for their rights. These eight cases showcase how employees prevailed against employers who violated federal protections.
1. Fired after cancer diagnosis – reinstated with back pay
In 2024, Cliff Kaplan, a 16-year employee at a beverage distribution company, took FMLA leave for stage four esophageal cancer treatment. After 12 weeks of chemotherapy, his employer abruptly terminated him when he couldn't immediately return to work. Kaplan successfully challenged this termination, proving the company failed to engage in an interactive process to determine possible accommodations [17].
2. Demoted after maternity leave – awarded damages
A woman returning from maternity leave discovered her position had been downgraded with reduced responsibilities. The court ruled this violated both the Pregnancy Discrimination Act and FMLA, which require employers to reinstate employees to their former position or an equivalent one upon return [18]. She received substantial compensation after proving the demotion was directly connected to her protected leave.
3. Terminated during surgery recovery – employer penalized
One employee was fired while recovering from surgery, despite having approved FMLA leave. The court determined the timing of termination demonstrated clear retaliation, particularly since the employer provided vague "violations of company policy" as justification without prior warnings [1]. This timing created a presumption of illegal retaliation that the employer couldn't overcome.
4. Denied leave for mental health – court ruled in favor
The court upheld an employee's right to take FMLA leave for serious mental health conditions, including anxiety, depression, and PTSD. The employee successfully proved their condition qualified as a "serious health condition" requiring continuing treatment [2]. The ruling established that discouraging employees from taking mental health leave violates federal law even without outright denial [19].
5. Layoff excuse disproved – retaliation confirmed
In Lutz v. Mario Sinacola & Sons Excavating, the employee challenged her termination during FMLA leave, which the company attributed to a reduction in force (RIF). Through careful documentation, she proved the RIF was merely pretext for targeting employees on medical leave [20]. The court found this pattern of selective layoffs constituted illegal retaliation.
6. Job duties changed post-leave – ADA violation
Upon returning from leave, an employee found their responsibilities significantly altered despite maintaining the same title. The court ruled this violated both FMLA and ADA protections, as job protection means more than preserving a title—it includes maintaining equivalent duties, authority, and advancement potential [21]. The employer's "restructuring" excuse was rejected as pretextual [22].
7. Fired for excessive absences – FMLA protected
Angela Hernandez successfully sued AT&T after being terminated for "poor performance and attendance" despite having approved intermittent FMLA leave for migraines. The jury awarded her over $2 million after finding AT&T specifically targeted employees who used FMLA leave through their "worst-case calls" practice [23].
8. Employer ignored leave request – legal win for worker
In a groundbreaking case, an employee won simply by proving their employer discouraged them from taking FMLA leave. The Seventh Circuit Court ruled that actual denial of leave isn't necessary to constitute a violation—discouragement alone is sufficient [19]. This established that employers cannot use subtle pressure tactics to prevent legitimate leave requests.
What Made These Cases Successful
Successful FMLA cases share several critical elements that significantly strengthen an employee's legal position. Examining the winning strategies reveals patterns that any worker should understand when facing potential violations.
Clear documentation of leave and communication
A thorough paper trail remains the cornerstone of successful FMLA cases. Courts consistently favor employees who maintain comprehensive records of all interactions related to their leave [24]. This includes saving emails, official letters, text messages, and even following up verbal conversations with written summaries [4].
Employees who prevail in court typically document not just their leave requests, but furthermore their employer's responses, medical certifications, and any performance evaluations before and after leave [24]. Documentation becomes especially crucial when employers attempt to justify termination based on performance issues that conveniently emerge after leave requests [8].
Timing of termination relative to leave
The chronological relationship between leave and adverse employment actions often proves decisive in court outcomes. Generally speaking, terminations occurring shortly after an employee returns from FMLA leave create a strong presumption of retaliation [25]. Courts recognize that close timing can establish a causal connection between protected leave and negative consequences.
Conversely, extended gaps between leave and termination (typically exceeding three months) make proving retaliation substantially more challenging [26]. The Eighth Circuit Court has explicitly stated that timing must be "very close" to support retaliation claims without additional evidence [26].
Employer's failure to follow legal process
Procedural violations by employers frequently lead to employee victories. Companies must adhere to specific notification requirements, designation processes, and certification procedures [27]. Employers who contact healthcare providers before allowing employees to cure deficient certifications, for instance, violate FMLA regulations [27].
Additionally, successful cases often feature employers who failed to properly document their own compliance with FMLA requirements or maintain required records [8].
Support from legal counsel
Certainly, specialized legal representation dramatically increases success rates. Employment attorneys evaluate case strengths, gather critical evidence, and navigate procedural complexities [28]. They help establish the legal elements required for both interference and retaliation claims [4].
Legal counsel can be particularly valuable in demonstrating that an employer's stated reasons for termination were merely pretext for discrimination or retaliation [7]. This expertise becomes essential in building the causal connection between protected activity and adverse employment action.
What to Do If You Suspect Retaliation or Wrongful Termination
If your employer has taken adverse action after you requested or took FMLA leave, prompt action can protect your rights and potentially help you join the ranks of successful FMLA cases won by employees.
Document everything from the start
Treat your situation like an investigator building a case file. Collect and preserve all communications related to your leave request, including emails, text messages, and formal paperwork. Take detailed notes after verbal conversations, recording dates, times, participants, and exactly what was said. Maintain copies of medical certifications and performance reviews from before, during, and after your leave period. This comprehensive paper trail often becomes the deciding factor in FMLA disputes.
Review your company's leave policies
Thoroughly examine your employer's FMLA policy in the employee handbook. Employers must allow eligible employees to take job-protected leave, continue health coverage, and return employees to equivalent positions with the same pay and benefits [29]. Identify any procedural violations where your employer failed to follow their own stated policies.
Consult an employment attorney
Seek legal guidance as early as possible. An experienced attorney can evaluate your case strength, review relevant documents, negotiate with your employer, and represent you in court if necessary [30]. Many successful FMLA cases began with early legal consultation before situations escalated.
File a complaint with the Department of Labor or EEOC
For FMLA violations, file a complaint with the Department of Labor's Wage and Hour Division in person, by mail, or by telephone [31]. Note that FMLA complaints should be filed within a reasonable timeframe and are subject to a two-year statute of limitations (three years for willful violations) [31]. For disability discrimination claims, file with the EEOC instead [32].
Conclusion
Federal laws like FMLA and ADA exist to protect workers during their most vulnerable moments, yet many employers still attempt to circumvent these crucial safeguards. The real-life cases examined throughout this article demonstrate that employees can successfully fight back against illegal terminations and retaliation when they understand their rights and take appropriate action.
Documentation stands as perhaps the most powerful tool in an employee's arsenal. Emails, medical certifications, performance reviews, and detailed notes of conversations create the foundation for successful legal claims. Additionally, the timing between protected leave and adverse employment actions often becomes a decisive factor in court rulings.
Successful FMLA plaintiffs typically share several common characteristics. They maintain meticulous records, quickly identify procedural violations, and seek professional legal guidance early. This proactive approach dramatically increases their chances of securing justice after wrongful termination or retaliation.
Employers should note the significant financial and reputational costs associated with FMLA violations. Courts consistently side with workers when companies fail to follow proper procedures or attempt to disguise retaliatory actions behind pretextual justifications.
Remember that FMLA and ADA protections work together to create a comprehensive safety net for workers facing medical challenges. Understanding both sets of rights allows employees to advocate effectively for themselves during difficult times. Armed with knowledge and proper documentation, workers can ensure their medical situations never become employment casualties.
The path toward justice may seem daunting after experiencing retaliation or wrongful termination. Nevertheless, these real-world success stories prove that with proper preparation and legal support, employees can effectively protect their rights and livelihoods against even the most powerful employers.
Call Setyan Law at (213)-618-3655 to schedule a free consultation.
