You have numerous legal rights in your workplace as an expectant mother or father of a newborn, as an expectant mother or father of an adopted child, as a person with a disability or as someone who must care for another family member with a serious medical condition.
Taking job-protected family leave or medical leave is an important right for eligible employees who are disabled, pregnant or sick. The Family and Medical Leave Act (FMLA) guarantees your right to this leave.
Did your employer take action against you for taking or requesting family or medical leave? Call 866-295-7512 to learn about your rights and options.
Know Your Rights
When your employer retaliates against you because you took time off or indicated a desire or intention to take time off under legal guidelines, that is against the law.
At the Pasadena employment law firm Bononi Law Group, LLP, we have more than 20 years of experience helping employees who have been mistreated by an employer or suffered employer retaliation after taking or requesting job-protected leave.
Recognizing What Constitutes Employer Retaliation For FMLA Leave
Workplace retaliation can occur in many ways, but usually involves:
- Refusing to grant FMLA leave for an eligible employee
- Discouraging an employee from taking medical or family leave
- Lowering or docking pay for taking FMLA leave
- Denying earned bonuses
- Failing to promote an employee who has used or requested family or medical leave
- Demoting a worker or transitioning him or her to a less desirable position or duties upon returning to work
- Firing an employee for taking leave, also known as wrongful termination
Retaliation for taking medical leave is often not as obvious as your employer firing you. Typically, an FMLA retaliation case requires a full investigation by an employment lawyer to get to the bottom of employer mistreatment.
Your employer cannot manipulate your schedule or the hours you have worked to keep you from being eligible for leave protections under the FMLA. If you have questions about how on-call time is used to calculate eligibility for FMLA leave, you should consult an attorney.
Helping California Businesses Understand Their FMLA Obligations
In addition to working with employees, we provide employers with litigation defense representation and provide in-house advice and counsel. For more information regarding our firm and California employer retaliation law, call 213-550-5503.
Have You Been Punished For Taking Legally Protected Work Leave? Contact Us.
Complete our online contact form to discuss your right to FMLA leave and whether you have a case against an employer that has retaliated against you for taking job-protected medical or family leave.