It is tough to care for oneself or a family member. You need to organize your doctor's visits, give yourself or someone else primary medical care, and manage the stress that comes with it. Employers must grant employees medical leave to manage their disabilities in accordance with federal and state law.

Unfortunately, some employers will reject this request or fire an employee for filing one.

Remember, not all employers respect their employee's labor law rights. That's why Los Angeles Employment Law Attorneys always have clients who need help asserting their rights and getting their due wages.

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How Los Angeles Employment Law Attorneys Handle FMLA Wrongful Termination

The Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) are the two laws that govern family and medical leave. Employers are required to offer unpaid leave to employees with a severe/serious health condition or who must take care of a family member with a severe health condition.

Employers are to grant employees the ability to take up to 12 weeks of unpaid leave per year while maintaining job security. To be eligible, the employees must work 20 or more weeks during the current or prior year.

What Circumstances Warrant An FMLA Leave In Los Angeles?

The FMLA is an option for people with serious illnesses or injuries who cannot perform their work obligations while caring for an infant or foster child, a spouse or parent with a serious medical condition, an active duty family member, or an injured service member. In the past 12 months, you must have put in at least 1250 hours of work for your employer.

If your FMLA is denied despite being eligible for it, contact a Los Angeles Employment Law Attorney ASAP.

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Can I Be Fired For Filing An FMLA Leave In California?

A California employee cannot be fired by their company only because they are on an FMLA leave. Depending on the cause of the termination, it may or may not be legal.

It can be legal to be fired if your Los Angeles employer has another cause for doing so. So, you can be fired for reasons unrelated to your illness, accident, or medical leave. These are legitimate grounds for termination, such as if you had poor performance or attendance before your medical absence or if your position is no longer needed.

If you were fired for availing of an employment right or benefit, you could sue your employer for wrongful termination in California.

Of course, no employer will ever admit to firing their employees because they requested or went on an FMLA leave, even if they truly intend to violate your labor law rights. Hence, investigating your claim, finding evidence, and building a solid suit are necessary for California employment disputes. So, contact a prescreened Los Angeles Employment Law Attorney to ensure a successful claim.

Can I Be Fired After 12 Weeks Of FMLA Leave?

Yes, it is allowed to fire an employee after 12 weeks of FMLA if there is a reasonable, nondiscriminatory basis to do so. You might have a case if you were fired, though, if you had excellent attendance, excellent performance ratings, and other proof that you conducted your work successfully.

If you're unsure whether you have a case in California, you should consult a Los Angeles Employment Law Attorney first. Your lawyer can assess your claim and determine your available legal options.

Is There A Deadline To Sue Your Boss In California?

You have three years of wrongful discrimination or denial of leave protected and guaranteed by the FMLA or CFRA. You may file a report with the Department of Fair Employment and Housing (DFEH).

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