Los Angeles Medical Leave Retaliation Attorney

The right to take medical leave from employment is granted to all employees in California. When doing so, you are protected against adverse impacts on your job from your employer. Unfortunately, some employers violate the law by engaging in behavior that is retaliatory against employees who exercise this right. Employers may try to mask these behaviors in practices that are considered legal. The employee may need to enlist the help of a Los Angeles medical leave retaliation lawyer.

At Shirazi Law Firm, PC, our attorneys understand that these actions are illegal and have the experience necessary to hold these employers accountable. If your employment has been impacted by exercising your right to medical leave, you deserve to seek compensation with the help of an experienced and qualified employment law attorney. Whether you were retaliated against or you were refused medical leave, we can help.

Medical Leave Laws

There are two main laws in California that protect an employee’s right to take time away from work for medical purposes. Both the California Family Rights Act (CFRA) and the Family and Medical Leave Act (FMLA) outline the policies and procedures for employees. These two policies cover public, private, and federal employees.

• FMLA. This act covers employers that have over 50 employees who are employed 12 months of the year, as well as federal workers.
• CFRA. This act applies to employers with five or more employees who are employed for at least 12 months.

Both acts provide access to medical leave for a variety of situations. Under both acts, employees are eligible for up to 12 weeks of medical leave that is unpaid. Their current job is protected, and they are eligible to return to that role or a similar one at the end of their leave. Examples of medical circumstances by which an employee can exercise this right include:

• Caring for a sick member of your family
• Care for oneself by taking time to heal from a serious health condition
• Time off for pregnancy, childbirth, or bonding time with a newborn
• Time off to bond or care for a newly adopted child or additional foster child
• Up to 26 weeks of leave to care for a family member who was injured while in the armed forces

These reasons are not an exhaustive list but an example of the moments in life that can confront you unexpectedly and qualify you for medical leave.

Medical Leave Retaliation

Retaliation can take many forms, particularly in the workplace. Even though an employee takes medical leave legally, employers may find ways to hold that against them. Types of retaliation you could be exposed to include:

• Wrongful termination
• Unfair demotion or brought back to the company in a position less than what you left
• A reduction in hours or salary
• Unfairly passed over for promotions or bonuses
• Intentionally isolating you from other employees
• Engaging in or allowing others to engage in discriminatory or harassing behavior towards you
• Denied employer paid portion of medical insurance

These examples, and others like them, are illegal. In addition, an employer may not require or even ask you to provide your medical records. You may not be asked or directed to terminate your medical leave earlier than you intend. While you are required to follow the parameters of your employment during your leave, your employer cannot dictate or restrict any behaviors during your leave.

If You Have Experienced Retaliation

If you feel you have been retaliated against because of a recent medical leave, it is important that you speak with an attorney as quickly as possible. An attorney will help you understand your options.

Before you speak with an attorney, you will want to gather the details surrounding your situation so that they can get a full picture of your experience. This can include any communications between you and your employer, medical documentation, performance reviews, witness statements, employment policy handbooks, and more.

Then, under the guidance of your attorney, you can work towards filing a claim to recover damages that you may be owed. This could include lost wages, further medical expenses, and other damages.

Medical Leave Retaliation FAQs

Q: What Is the Burden of Proof for FMLA Retaliation?

A: In a claim that involves retaliation, the plaintiff is charged with the burden of proof. That means that it is up to them to show how the defendant, their employer, retaliated against them for their medical leave. Evidence used to show such proof includes performance reviews, medical records, employer communications, and more.

Q: What Is the Statute of Limitations for Retaliation in California?

A: Depending on the circumstances of the retaliation, an employee has either 2 or 3 years to file a claim against their employer. It is advised to speak with an attorney about the circumstances of your case as quickly as possible to help you understand what the timeline looks like for your case. Filing a claim can help ensure your ability to support your family remains protected.

Q: Can an Employee Be Terminated After Exhausting FMLA?

A: An employee’s right to return to work is protected during their protected FMLA leave. However, if the leave is exhausted and the employee cannot return to work, the employer is not obligated to hold their position. This is the same for conditions of workers’ compensation under which an employee may be receiving benefits. But, if you are still medically unable to work you are entitled to leave under California Fair Employment and Housing Act as a “Reasonable Accommodation.” If you feel you cannot return to work after your leave, speak with your employer and attorney about options you may have.

Q: What Is an Adverse Employment Action Under FMLA?

A: Adverse employment actions can mean any behavior exhibited by an employer towards an employee, such as termination, demotion, a reduction in hours or wages without justification, being asked to complete tasks that are outside of the realm of responsibility for the job which an employee was hired for, and more.

California Medical Retaliation Attorney

If you feel you have been retaliated against because you chose to exercise your right to medical leave, get the representation that you deserve. You work hard to ensure your place of employment is successful, and you do not deserve to be adversely impacted because you focused on your own well-being or that of a loved one. Contact Shirazi Law Firm, PC, today and let our attorneys review your case and help you recover the damages you may be entitled to.

Pregnancy Discrimination

linktopost

Pregnancy Medical Leave

linktopost

Providing Reasonable Accomodation

linktopost

Family Medical Leave

linktopost

Medical Leave

linktopost

Harassment

linktopost