Find A California Labor Law Attorney for FMLA Discrimination Claim
A qualified employee should not be discriminated against, retaliated against, or terminated for filing for a Leave of Absence. If this happened to you, consult a California Employment Law Attorney to help you sort out the legal elements of your case.
What Qualifies as FMLA Discrimination in California?
Employers in California are forbidden from discriminating against workers who request or take a leave of absence, retaliate against them, or otherwise take adverse employment against them.
Employers who violate state and federal leave laws are also abusing the rights of California workers. If these workers are in this situation, they will be ignorant that they have legal options. Any deserving individual who is denied the legal right to take a leave of absence without penalty may sue their employer.
To safeguard you as an employee, there are several labor and California leave of absence requirements. California has more protected leave of absence rules than the rest of the country.
Qualifying workers in California can take days off for various reasons, as opposed to national protected leaves. Only a few instances include pregnancy-related difficulties, the desire to donate an organ or bone marrow, the necessity to care for a sick family member, military leave, or other medical or personal issues.
Your employer violates the CFRA if they refuse to grant you paid or unpaid medical or sick leave because you or a family member has a significant health concern.
What Are the Types of Protected Leave of Absence in California?
Employers must take into account their employees' interests. The laws in California were written with the employee's best interests in mind.
California boasts some of the most flexible leave regulations in the country, ensuring that workers in the state are among the best protected in the country when it comes to taking time off.
The ordinary California boss would almost probably fall under any of these restrictions. Some of the legally recognized (state and federal) leaves available to qualified California employees are as follows:
Family & medical leave (FMLA)
The California Family Rights Act (CFRA)
The New Parent Leave Act
Military personnel are entitled to service leave
Victims of Crime Leave
Witness Protection and Jury Service
Leave to donate organs and bone marrow
For any other special cases, consider asking your California Employment Attorney.
What Is Sick Leave or FMLA?
FMLA leave is the most common type of protected leave of absence. The Family and Medical Leave Act (FMLA) requires employees to take unpaid leave to care for themselves or a family member, friend, or domestic partner who is ill.
Employees are allowed to take up to 12 weeks of sick leave for these purposes. When a company employs at least 50 people, it is required to follow the FMLA.
The most important feature is the assumption that California's leave regulations are "protected." This ensures that after a California employer's maternity leave or other leave of absence ends, the employee must be rehired to their previous employment or a comparable position. After all, there's no use in taking a "leave of absence" if you won't be able to return to work after it's over.
How Do I Know I'm Being Discriminated Against?
FMLA Discrimination is more than just the refusal to grant you the leave. How your employer treats you after you file one can count towards acts of discrimination.
Here are a few examples:
Demotion or reassignment to another department
Reduces or interferes with your chances of promotion
Gives you more work than your other co-workers
Openly criticizes you for requesting a Leave of Absence
Firing you after requesting a Leave of Absence
If your employer punishes or tries to get back at you, it is an act of retaliation. It is also considered retaliatory if they penalize or mistreat you after filing a complaint to HR or relevant agencies.
If your employer fires you for requesting a leave, that qualifies as a Wrongful Termination claim.
If you are confused or unsure of how your case stands, consult a Labor Lawyer in California to find out if you have enough grounds to sue.
What Can I Use as Proof of Discrimination?
There is photographic and video proof. If you suspect discrimination or retaliation, pay close attention to the signs. You should proceed with caution because acquiring this type of evidence (i.e., filming another person), since it can exacerbate existing tensions (or, worse, disagreements).
Messages. Your work emails, chat rooms, and SMS messages could all be evidence of discrimination, harassment, or retaliation. Keep any emails or conversations in which your boss or HR suggests you're being fired for illegal reasons.
Documentation; includes pay stubs, time cards, and written notices. These documents could be used as evidence that your employer is retaliating against you (i.e., demotions, suspensions, and pay cuts). If you've recently filed a Labor Law Claim with an agency, these are extremely important to monitor.
While there is a lot of evidence you may acquire on your own, you may still run into problems if your workplace is already hostile or if you've been wrongfully terminated as a result of the discrimination.
Hiring a California Employment Law Attorney can assist you in doing more complete inquiries into your issue.
What is the Statute of Limitations for a Discrimination Claim?
If you have a discrimination suit in California, you should start by contacting the Fair Employment and Housing Act (FEHA). They can either take care of your case for you or give you "the right to sue," permitting you to submit a complaint with a California Employment Law Attorney.
You have one year from the time of the most recent discriminatory conduct to file a complaint.