Have You Been Retaliated Against For Taking Medical Leave?
When eligible employees take medical leave or family leave from their jobs, they have certain rights, including job protection, under California and federal law.
Being discharged in retaliation for taking medical leave is illegal.
The Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) offer up to 12 weeks of job-protected leave to eligible employees. If you have been fired while on medical leave under the FMLA or the CFRA, you may be able to file suit against your employer.
Can My Employer Discharge Me While I Am On Medical Leave?
There are actually two answers to the question:
Yes, you can be terminated while on medical leave if your employer has a business reason for doing so. That means that you may be discharged if the company is suffering from a stalled economy and must let several employees go. Medical leave doesn’t protect you from normal layoffs that occur in the course of business, because it doesn’t provide greater job protection than that offered to other employees.
No, you cannot be fired for taking medical leave or for requesting medical leave for a pregnancy, disability or illness. That’s a form of retaliatory discharge and you may have the right to sue for wrongful termination.
Accommodating An Employee’s Need For Requested Medical Leave
Employers are required by state and federal law to accommodate your medical leave in many ways upon your return:
- Maintaining promotion opportunities
- Maintaining pay and compensation
- Retaining bonus opportunities
Medical leave retaliation can occur in many ways, but usually involves:
- Lack of promotion opportunities
- Reduced pay
- Denied bonuses
- A demotion or a transition to a less desirable position or duties upon returning to work
- Wrongful termination
These are all illegal actions in response to a request for or an actual medical or disability absence.
Contact Us: Our Medical Leave Lawyers Can Help
Distinguishing whether your employer wrongfully discharged you due to medical leave is a matter that is best left up to experienced medical leave attorneys.
We have handled hundreds of cases for employees and can assess your wrongful discharge for medical leave claim. Call 866-295-7512 to speak to our experienced legal team about your rights.