The average Californian tries to do it all. A leave of absence resulting in a termination might mean you were fired for an illegal reason. An Employment Lawyer is the type of lawyer who handles these types of situations. If you are thinking you may need an Employment Attorney , here are some points to consider that you may not have known.
It seems odd, but the number of people employed by the organization or company you work for maybe a significant factor in whether you have a leave of absence claim. However, if the company has another branch 25 miles away from your job-site and has 30 employees on-site, that may suffice to meet the requirement.
Aside from taking time off for their own illness or injury, an employee may take leave to care for a member of the family who is seriously ill. Also, an employee may take a leave of absence because they are pregnant or for the initial receiving of an adopted or foster child.
As an employee, you may have the right to take up to 12 workweeks for your leave of absence. The 12 workweek leave is permitted in a 12 -month time frame. Keep in mind though, your employer has some discretionary power on how the month period is measured. If the employee requests leave, is she completely protected from termination or demotion? A covered worker is entitled to 12 weeks of unpaid leave for any of the following events.
The birth of a son or daughter Fostering or adopting a child Caring for an immediate family member spouse, child, or parent, not in-laws facing a serious health condition To recover or seek treatment for a personal serious health condition For qualifying exigencies affecting an immediate family member in the Armed Forces However, there are exceptions that would allow an employer to terminate an employee even while she is on FMLA leave.
What are exceptions that would allow for termination during FMLA-leave? However, the retaliation claim could go forward because the demotion decision occurred shortly after the commission became aware that the plaintiff had participated in the investigation of harassment claims against the director.
You may be trying to access this site from a secured browser on the server. Please enable scripts and reload this page. October 18, Reuse Permissions. Image Caption. FMLA Claim The court assumed that the plaintiff established an initial case of an FMLA violation and that the commission presented a legitimate, nondiscriminatory reason for its decision to terminate him. Joanne Deschenaux, J. You have successfully saved this page as a bookmark.
OK My Bookmarks. Please confirm that you want to proceed with deleting bookmark. Delete Cancel. You have successfully removed bookmark. Delete canceled. Being granted short- or long-term disability insurance benefits while you are off work does not prevent your employer from taking your job away.
FMLA applies only to companies with 50 or more employees located within 75 miles of each other, and workers must have worked: for a total of at least one year for the employer, and for at least 1, hours in the preceding year. Examples of When Employees Can't Be Fired Employees on disability leave can't be fired if: They are on FMLA leave whether they can do the essential functions of their job or not under the ADA , OR They are able to do the essential functions of the job with reasonable accommodations, but the employer hasn't provided accommodations whether the employee is on FMLA leave or not.
AND They are not able to do the essential functions of the job, even with reasonable accommodations, OR They are able to do the essential functions of the job with accommodations, but they don't return to work after the employer has provided the appropriate accommodations.
Health Insurance Coverage Many employees wonder what will happen to their health insurance coverage if they're fired from their job. Next Steps If things don't go your way and your employer doesn't reinstate you after your leave ends, read our article on wrongful termination and then consider hiring an employment attorney. Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code.
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