Getting fired

Can an Employer Penalize You for Using FMLA?

The Family and Medical Leave Act (FMLA) allows qualifying employees about twelve weeks of unpaid time off to handle family caregiving and medical issues. The goal is to give workers the opportunity to take needed time off without repercussions. However, employers don’t always follow their FMLA obligations.

FMLA Retaliation

Under federal and state law, California employers are prohibited from retaliating against an employee for requesting or taking medical leave. An employer who retaliates against a worker can face legal action. An employee can file a lawsuit against their employer to recover the compensation they deserve if they were let go or denied benefits.

Below we have put together a list of common signs that your employer is violating your FMLA rights:

  • Your employer requires an inappropriate amount of notice for FMLA: The FMLA law states that you must give a 30-day notice unless it’s unworkable. Your employer can’t request you to give them more notice, plus they are expected to be flexible if your reason for FMLA is due to an unexpected accident.
  • Your employer denies your leave: Your employer can’t delay or deny your FMLA leave simply because it’s not a good time for them. For example, if your physician says you need surgery this week, your employer will need to approve it.
  • Your employer doesn’t reinstate you at your previous level: If you return to work after taking FMLA and your job duties, location, benefits, or pay are different, it could be a form of retaliation.
  • Your employer fired you while you were on medical leave: If your employer fired you for being on medical leave, it is a form of retaliation.

California Retaliation Attorney

If you believe you are being retaliated against, you have rights that protect you. At Marder Employment Law, we have 25 years of experience in all employment law issues. We have recovered millions of dollars on behalf of our clients, and we are ready to help you too. Our Monterey County retaliation attorneys can analyze your case and develop a strong defense so that we can help you achieve your desired results.

Contact our California retaliation lawyers today at (888) 796-4010 to schedule a case review!

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