Family Medical Leave Act (FMLA)
Examples of FMLA Violations
Compensation for Medical Leave Act Violations?
How Much Can I Sue for a Medical Leave Act Violation?
Within California and Federal Law an employer must allow you to take unpaid leave for serious medical conditions.
If you are terminated from your job, demoted because of your medical leave, harassed for taking leave, or refused medical leave you may have a claim and can be awarded compensation for your mistreatment. You should fight back. The FMLA protects your rights from these violations.
Family Medical Leave Act (FMLA)
The Family Medical Leave Act (FMLA) is for employers who have more than 50 employees. The FMLA protects these employees so they can take up to 12 weeks of work off for serious medical reasons within 12 months, part-time employees have time off according to their hours worked. The following are approved reasons for medical leave under the FMLA:
- A serious health condition of the employee
- A serious health condition of a child, spouse, or parent
- The birth of a child and to care for the child
- Placement of a child with the employee for adoption or foster care
Examples of FMLA Violations
- Firing an employee after they take medical leave for a serious health condition.
- Changing an employeeโs role when they return to work from medical leave.
- Firing an employee after they take medical leave to care for a family member with a serious medical condition.
- Terminating an employee in retaliation for them bringing up FMLA violations.
- Health benefits and other employee benefits are no longer available to you because you have taken medical leave.
Compensation for Medical Leave Act Violations?
In the state of California, employees may recover the following damages:
- Lost wages, salary, bonuses, or employment benefits
- Interest on the lost compensation
- Emotional distress damages
- Attorney’s fees
- Punitive damages
- Costs of the lawsuit
How Much Can I Sue for a Medical Leave Act Violation?
Depending on the details of your specific case you may be entitled to tens of thousands or even hundreds of thousands of dollars. Don’t wait! If you believe your rights were violated under the FMLA, hire an experienced attorney who can help you obtain the compensation you deserve to make things right again.
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