Retaliation for Taking Medical or Disability Leave

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Doctor taking medical examNo one plans to get sick or be disabled. In California, it is a violation of your rights to be terminated, demoted, or harassed for a legitimate medical condition. Employers are also legally obligated to provide you with time to care for yourself or your family.

Employees who are facing serious medical conditions are given time under federal and state law to obtain medical care or provide care to a family member. In California, the following laws and acts give certain workers a right for time to heal, recuperate, and help their family members with serious illnesses:

The Family Leave Act.

California Family Rights Act.

Pregnancy Disability Leave Law.

A wide variety of disability law.

Unfortunately, some employers attempt to discourage their employees from taking medical or disability leave by threatening them with a lower salary, job seniority demotions, or job termination. Other employers misinterpret the law and give only a fraction of the protection or support that is required by the law.

Generally, California and federal laws provides legally protected time off rights for a wide range of medical range issues that include:

Medical issues that result from high stress or mental disabilities.

Up to twenty-six weeks under the Family and Medical Leave Act to care for a family member or next of kin who is injured while on active military duty with the armed forces.

Twelve weeks of leave during a twelve-month period under the FMLA for:

Birth of newborn child.

Care of spouse, child or parent who has a serious health condition.

To care for an employee’s own serious health condition that prevents the employee from performing an essential function of their work.

Exigent circumstances that results from an employee’s child, parent or spouse who is a military service member who is on “covered active duty” or being called up on active duty status.

Employers who violate your right to medical and disability leave can be liable for your lost wages, benefits and other financial damages.

If you have taken time off to care for yourself or a family member and your employer has either denied you time off or retaliated against you for exercising your rights, we can help. At Attorneys for Employee Rights, we provide experienced and knowledgeable legal representation to protect your rights. Call us at (888) 898-8488 for more information about your medical disability rights.

Our consultations are free and confidential. Make the call.

 (888) 898-8488

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