You may need to take a leave of absence because you are having a child, your life has been drastically changed by an injury, or other emergencies. Unfortunately, workers frequently experience unjust discrimination or harassment following a legitimate leave of absence.
However, California employees who need to take time off work to care for a sick family member or treat a medical issue that affects their health are protected by the law.
So, can it be denied? Are employers punished if they do so? Here's what our California FMLA lawyers have to say about it:
Your Employment Rights Under California Family And Medical Leave Act
Before we discuss valid reasons for firing employees after an FMLA leave, let's talk about what FMLA, CRFA, and your employment rights are in California.
What Is The FMLA?
The federal statute granting employees the right to take medical leave is the Family and Medical Leave Act (FMLA). Your case may also fall under the California Family Rights Act (CFRA).
Employees who qualify may take up to 12 weeks of unpaid absence under the FMLA and CFRA. If you have a physical or mental health condition, or if a family member does, you can be qualified for leave. Additionally, you can be qualified for medical leave if you adopt or give birth to a child.
If your employer denies your leave or you suffer from retaliation and discrimination, contact an FMLA attorney in Los Angeles.
What Can You Get From A Successful FMLA Dispute In California?
Legal remedies are available if you have experienced FMLA discrimination following a leave of absence. A few examples are:
1. Reinstatement
The FMLA and CFRA both exist to safeguard employees. If your leave of absence is legitimate, an FMLA attorney in California can assist you in getting reinstated to your employment position if you've been fired or demoted.
2. Compensation for Lost Wages
Employers cannot retaliate against employees for doing activities they have the right to. In this case, employees have the right to file a leave of absence as long as it is covered under FMLA and CFRA.
However, an experienced California FMLA lawyer can assist you in listing damages and pursuing compensation to compensate for any missed income or benefits, for instance, if you lost pay or benefits despite having a valid reason for your absence.
3. Setting A Standard For Other Employers
A skilled FMLA attorney in Los Angeles can assist set a good example and discourage unethical conduct on the part of other employers in the future.
Can You Lose Your Job While on a Leave of Absence In California?
If you take or request a leave of absence for a good reason, your employer cannot terminate you. The California Department of Fair Employment and Housing (DFEH) includes these explanations.
Any defense covered by the FMLA or CFRA qualifies as a valid justification. Employers are typically not required to pay you while you are on leave. However, you can be qualified for accrued paid time off or vacation in some situations.
Usually, if you return after a leave of absence, your employer cannot terminate you except for the following conditions:
1. Layoffs
Everyone is impacted by company-wide layoffs. For example, if your employer began company-wide layoffs while on leave, you might not be able to sue.
If you're unsure whether your case qualifies as an employment law violation, contact a prescreened FMLA attorney in Los Angeles.
2. Abandonment
If you anticipate missing work, you must notify your employer in advance. As a result, you may be lawfully fired if you did not give the appropriate notice of your leave of absence.
3. Your Employer Owns A Small Business
Although the FMLA and CFRA give employees protections, they do not apply to smaller businesses. For instance, the CFRA and FMLA regulations do not apply if your firm employs fewer than 50 people. Other rules, though, might shield your leave.
Is Your Employer Contesting Your Leave of Absence?
Have you experienced harassment or retaliation at work following a legitimate leave of absence? In these circumstances, employees in California are protected by the law on employment.
However, the longer you put off speaking with a Los Angeles FMLA attorney, the more difficult it may be to reduce risk and defend your claim.
Find A prescreened FMLA attorney in Los Angeles.
1000Attorneys provides a lawyer referral service certified by the California State Bar. We only give referrals to prescreened Los Angeles FMLA attorneys, so you know you're getting referred to trusted, experienced, and fitting lawyers.
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