In many cases, you cannot be punished at work for taking medical leave; this is illegal in California and at the federal level. Punishment can entail a wide range of actions and behaviors, such as reducing hours and responsibilities, retaliation, unfair treatment, termination of your employment, and more.
If you are at the very start, in the middle, or just coming back from a medical leave of absence, you already have a lot on your plate, and facing punishment for taking something as essential as medical leave can add to that stress. A Los Angeles employment lawyer can help.
A lawyer can evaluate your situation and explain your rights and legal options. They can also provide essential support and guidance when you are facing this challenging situation. Below, we’ll go over some of the laws in place that protect workers, some common situations and legal recourse, and how a lawyer may be able to help you.
What Legal Protections Are in Place for Employees Who Are Taking Medical Leave?
Several laws in California protect employees when they have to take medical leave, including:
- California Family Rights Act (CFRA): CFRA provides eligible employees with up to 12 weeks of unpaid, job-protected leave to care for their own serious health condition or a qualifying family member’s serious health condition. It makes it mandatory for employers to provide job protection and continuation of health benefits.
- Family and Medical Leave Act (FMLA): The FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for certain medical and family reasons.
- California Fair Employment and Housing Act (FEHA): The FEHA also protects employees from disability discrimination and may require employers to provide reasonable accommodations, including medical leave in some situations.
As you can see, eligible employees have several rights when it comes to medical leave. If you want more details on these laws or want to understand whether you are eligible, an experienced lawyer can help you figure that out.
Specifics About What Actions May Qualify as Punishment After Medical Leave
Watch for these illegal retaliation patterns that closely follow the timeline of your medical leave:
- Being terminated from your place of work after returning from your leave
- Refusal of your employer to reinstate you to the position that you held before you took your leave
- Harassment or a hostile work environment after your return
- Being demoted suddenly and without cause or notice
- Reduction of work opportunities, especially if you had them before
- Excluding you from work meetings and other important touchpoints for employees
- Negative performance reviews, especially if you know the quality of your work hasn’t changed since going on medical leave
- Facing threats like job termination, shortened hours, or demotion when putting in a notice for your medical leave
While some behaviors may be obvious punishment, sometimes it may be hard to tell whether you are facing that kind of adverse treatment. This can be even trickier if a company or employer tries to pin their actions or behaviors on something that you did or is unrelated to your medical leave. This is exactly why the guidance of a lawyer can be extremely helpful.
(310) 526-8383How Can a Lawyer Help Me if I Am Being Treated Unfairly At Work After Taking Medical Leave?
Here are some ways a lawyer may be able to assist you:
- Assess your situation, explain your rights, and help you understand if your rights were violated
- Gather evidence to support your claim
- Review important documents such as medical leave paperwork, employee handbooks, schedules, emails, write-ups, and termination notices
- Help determine whether your employer violated state or federal laws, including protections under the Family and Medical Leave Act (FMLA) or California employment laws
- Communicate with your employer on your behalf to help prevent further retaliation or unfair treatment
- Negotiate for compensation, reinstatement, unpaid wages, or other remedies if your employer violated your rights
- Represent you during settlement negotiations, administrative complaints, or in court if legal action becomes necessary
Many workers are unsure whether what they are experiencing is actually illegal, especially if their employer claims the treatment is performance-related or company policy. Speaking with a lawyer can help you better understand your options and whether you may have grounds for a legal claim.
Speak to an Employment Law Firm for Guidance and Support Today
If you were punished at work after taking medical leave, you should know that you have legal protections in place at both the state and federal levels, and you don’t have to go through this situation on your own.
An experienced employment law firm can handle communications and legal action that you may be able to pursue.
At Omega Law Group Accident & Injury Lawyers, we treat our clients like family and put them first. If you are facing any kind of punishment, discrimination, or retaliation after taking medical leave at work, we can help you figure out what legal protections you have. Get in touch with us for a free consultation.
