A great benefit available to full-time employees in California and across the country is the right to FMLA leave. The Family and Medical Leave Act is a federal law that gives eligible employees the right to take off work if they suffer a significant injury that prevents them from working. Unfortunately, it is not uncommon for employers to retaliate against employees that rightfully use FMLA leave. This is illegal and may be grounds for legal action.
An employee in another state recently received a $40,000 settlement from a lawsuit he filed after his employer allegedly fired him for using FMLA leave. The suit said that the man worked at a jail and suffered a heart attack while at work. Allegedly, he was approved for time off intermittently under FMLA due to his heart condition.
According to the lawsuit, the man was harassed and questioned by his superior for taking time off. The man claimed he was eventually suspended without pay and was told that he should resign in order to retain his pension. Reports said that several other workers at the jail have also filed lawsuits alleging that the were disciplined for using FMLA leave. This lawsuit resulted in the plaintiff receiving a settlement of $40,000.
The Family and Medical Leave Act offers protection for employees who are unable to work due to illness or injuries. Workers in California who have faced retaliatory acts for rightfully using FMLA leave could benefit from discussions with an attorney experienced in employment law. A successfully litigated lawsuit could result in much-needed financial relief as well as restoration of lost benefits.
Source: triblive.com, “Allegheny County pays $40K settlement to ex-jail captain who says he was fired for using FMLA“, Theresa Clift, April 5, 2018