Any debilitating injury takes time to heal. For those who are employed, this could mean an extended amount of time away from work. In order to protect workers and provide job security during these times, the federal government enacted the Family and Medical Leave Act in 1993. This legislation allows qualified employees up to 12 weeks of unpaid leave in order to recuperate from an illness or take care of a sick family member. Unfortunately, it is not uncommon for employers in California and across the country to retaliate against employees who take advantage of FMLA leave.
An employee in another state filed a lawsuit after she was alleged fired for requesting FMLA leave. The woman is a former employee of a health care network. According to the lawsuit, the woman had health conditions that caused her to suffer severe diarrhea, fatigue and abdominal pain.
Allegedly, the woman requested accommodations due to her medical conditions but her employer refused. The woman claims she was also threatened with termination if she took additional time off. The lawsuit says the woman was fired after filing a complaint of disability discrimination. The plaintiff accuses her former employer of violating the Family and Medical Leave Act. She seeks compensatory and punitive damages as well as all other just relief.
FMLA leave is a great benefit that was put in place for the protection of employees in the United States. Any qualified employee in California who has faced termination or other forms of retaliation for rightfully using statutory family and medical leave should consult an experienced employment law attorney. A successfully litigated suit could result in substantial compensation to replace lost wages as well as restoration of lost benefits.