Many eligible, full-time employees in the United States have access to benefits such as health and dental insurance, as well as paid time off. Employees in California and across the country also have federal and state laws to protect them and allow coverage in the event of an extended leave for medical reasons. The federal Family and Medical Leave Act (FMLA) allows eligible workers up to 12 weeks of job-protected leave a year. Unfortunately, it is not uncommon for workers to face retaliation from employers for using FMLA leave.
A woman in another state allegedly lost her job for using medical leave, and she has filed a lawsuit. The woman claims that she suffered from depression. Allegedly, because of her depression disability, she requested FMLA leave and took two weeks off of work.
Upon returning to work, the woman was terminated from her position and given no reason by her employer, the lawsuit says. The plaintiff is accusing her former employer of violating the Family and Medical Leave Act by refusing to accommodate her disabilities and allegedly firing her in retaliation for using medical leave. The plaintiff seeks liquidated and compensatory damages, as well as all other just relief.
The Family and Medical Leave Act was put into place to protect employees that need to take an extended amount of time off of work due to medical reasons or specified family emergencies. When workers face retaliation for correctly and rightfully using FMLA leave, legal action can be pursued. A lawsuit, if successful, could result in financial relief to replace any lost wages.
Source: pennrecord.com, “Woman alleges Soldier On Inc. retaliated against her for needing FMLA leave“, Louie Torres, Dec. 26, 2017