Employees may need to take time off work for a variety of reasons, including their own physical condition or taking care of a family member who has a medical issue of their own. Qualified workers are entitled to up to twelve weeks of unpaid, job-protected leave each year under the Family and Medical Leave Act (FMLA), as well as group health benefits while they’re away.
Many state statutes, such the California Family Rights Act (CFRA), include safeguards that let workers take time off for critical health issues. Nevertheless, in spite of these rules, many workers are concerned that if they take a leave of absence, they may lose their jobs or face reprisal in some way when they return to work. This is especially valid in a volatile work market.
Keep reading to learn if this is legal. Then contact PLBSH at (800) 435-7542 if you feel you have been the victim of medical leave retaliation. We are here to help, starting with a free legal consultation.
A business cannot legally fire someone for taking medical leave
It would be against the CFRA and the FMLA for businesses to fire workers for just taking a medical absence. These regulations prohibit firing an employee solely for taking a medical leave (for seeking assistance for their own medical condition or caring for a family member with a medical condition).
An employee may have been unlawfully dismissed if they are fired while on medical leave or soon after returning from it. If legal action is required to seek damages for wrongful termination, a knowledgeable employment law attorney can assess the situation and make that determination.
We will first look at the alleged reason for the retaliation action
The justification for the termination is one of the elements to be taken into account. When an employer may have a purportedly good cause for terminating an employee, the time of the dismissal might also be crucial.
The veracity of the employer’s justification for the termination may be called into doubt, for instance, if the company asserts that an employee was dismissed for being late three months ago but the person wasn’t fired until after he went on medical leave. Employees are allowed to take time off for medical reasons under both the FMLA and the CFRA, and they cannot be dismissed for having a sickness or other medical condition or for using sick leave.
The termination won’t be seen as unjust or in violation of the FMLA or CFRA, though, if there is another legitimate basis for it that is unrelated to the medical leave. A person returning from medical leave might find themselves without a job for a variety of valid reasons, such as a corporate downsizing.
The employee was likely not unlawfully dismissed if the employer can show that the termination had nothing to do with the employee taking a medical leave. Your individual situation’s circumstances can be evaluated by an employment law expert to assist you assess if the justification provided by your attorney is likely to be true.
You need an attorney with experience dealing with medical leave retaliation cases
Cases of wrongful termination can be challenging, especially when FMLA and medical leave are involved. It’s crucial to speak with an experienced employment law attorney as soon as you can if you think that your termination was improperly motivated by your need for a medical leave or a medical condition.
Our skilled employment law lawyers at PLBSH have more than 40 years of experience assisting workers who have been unlawfully fired. We will collaborate with you to ensure the greatest conclusion for your case, and we’ll be there for you every step of the way. For a free first consultation, call (800) 435-7542 or firstname.lastname@example.org right now.