March 3, 2017 - Posts

Terminated Because You Took Medical Leave? Time To Act

The federal Family and Medical Leave Act (“FMLA”) entitles most Americans to take up to 12 weeks of unpaid medical leave per year.  Employers who violate the FMLA typically commit one of the following three violations:


Interference With Leave: Employers sometimes try to keep their employees from taking medical leave by pressuring them not to do so.  Maybe the employer asks the employee to wait a while before taking leave.  Maybe a supervisor tells the employee in front of his or her co-workers how hard his or her absence will be on the rest of the team.  Maybe the employer simply denies the employee’s leave request.  All of these acts, as well as countless similar acts, often violate the FMLA.


Retaliation: Employers often punish employees who choose to use their protected medical leave.  Maybe the employer terminates the employee right after he or she returns to work.  Maybe the employer demotes or reassigns the employee right after he or she returns to work.  Again, all of these acts, and others, often violate the FMLA.


Termination During Leave: Except in limited cases, an employer cannot terminate an employee while the employee is off on medical leave.


Have you been mistreated because you took medical leave or tried to take medical leave? Your employer may have violated the law, and you may be entitled to money damages.


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