Many individuals have to take time off work due to an illness or medical condition. Employees are entitled to medical leave under the Family and Medical Leave Act (FMLA). In California, employees are also entitled to leave for a serious health condition under the California Family Rights Act (CFRA). Due to the current economy and uncertain job security, many workers question if they will have a job when they come back from leave, or if they should risk taking medical leave at all. Some employees worry that they will be fired while on medical leave.
A nurse formerly employed by Kaiser Permanente Medical Group is suing the California system for discrimination and retaliation for taking protected medical leave. Kirandeep Kaur had taken approved time off to help her mother recover from hip replacement surgery -leave that is protected under both the Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).
Many fathers take family leave in order to spend time bonding with their newborn daughters and sons. Others may separately take medical leave in order to take care of a sick relative. In a recent case, the two rationales for taking time off from work became merged.
A California mother who required intermittent medical leave to care for two sons and her husband recently filed an employment lawsuit against Kaiser. The woman, a vocational nurse for Kaiser since 2010, was fired in retaliation for exercising her right to medical leave under the California Family Rights Act (CFRA), among other claims, according to her lawsuit.
A police officer, referred to as "Tyler," had a son who suffered from sickle-cell anemia, requiring Tyler to miss work to care for him on an intermittent basis. Tyler requested and was approved to take intermittent medical leave under the Family and Medical Leave Act (FMLA) to care for his son.
Kelli Smith, a sales representative for Merck, claims that she was essentially punished by the company for having a baby in 2010. She took maternity leave after the birth of her child and asserts in a recently-filed pregnancy discrimination lawsuit that she received poor performance reviews after taking job-protected medical leave that stalled her career.