Family & Medical Leave Attorneys
Serving San Francisco and All of the Bay Area
The Family & Medical Leave Attorneys at Khadder Law Firm helps people in the San Francisco Bay Area with employment contract and compensation matters. Contact us today for a free consultation.
Is your employer interfering with your FMLA leave?
Are you experiencing adverse employment actions for taking FMLA leave?
The Family & Medical Leave Act, or FMLA, and the California equivalent of the FMLA, the California Family Rights Act, or CFRA, provides employees who meet certain conditions with up to three months in a twelve-month period of unpaid leave to deal with a serious medical condition, or a family member with a serious medical condition. Not only is an employer not allowed to terminate an employee for exercising his or her FMLA and CFRA rights, the employee must usually be able to return to the same position that he or she had before going out on leave
FMLA/CFRA interference and discrimination
The FMLA and CFRA prohibit employers from interfering with an employee’s ability to take FMLA/CFRA leave. It also prohibits an employer from discriminating against an employee who exercises his or her right to FMLA/CFRA leave. Interfering with an employee’s ability to take FMLA/CFRA leave can take many forms.
For instance, it is an employer’s responsibility to offer FMLA/CFRA leave if the employer has reason to believe that an employee’s request for leave qualifies for FMLA/CFRA leave. If an employer purposefully withholds that offer from an employee, the employer could be violating the FMLA and CFRA. Discriminating against an employee who exercises his or her right to FMLA/CFRA leave can also take many forms, including being unfairly disciplined (including receiving negative performance reviews), passed up for a raise or promotion, terminated or laid off, paid less than other employees, or subjected to other acts that affect the terms and conditions of his or her employment.
Contact us today
When your employer interferes with your right to FMLA/CFRA leave, or discriminates against you for taking FMLA/CFRA leave, you can depend on the Khadder Law Firm to fight for your rights to justice.
If you feel you might have been the victim of a violation of the FMLA or CFRA, contact the Khadder Law Firm today for a free consultation.