At Rager & Yoon – Employment Lawyers, we understand a serious medical condition’s physical and emotional toll. The last thing you need when facing such challenges is unfair treatment at work. If you believe your employer has discriminated against you because of a medical leave, our experienced Los Angeles medical leave discrimination attorneys are here to help.
What is Medical Leave Discrimination
Medical leave discrimination occurs when an employer takes adverse employment action against an employee because of their need for medical leave. This can include:
- Denial of a leave request under the Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA)
- Termination of employment while on leave
- Demotion or negative performance review upon return
- Denial of reasonable accommodations upon return to work
- Unwarranted disciplinary action
- Reduced work hours or pay
- Exclusion from important meetings or projects
Your Rights Under FMLA and CFRA
The federal Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) protect qualified employees from discrimination based on medical leave.
The Family and Medical Leave Act (FMLA) applies to companies with 50 or more employees within a 75-mile radius over the past year. It allows eligible employees to take up to 12 weeks of unpaid yet job-protected leave annually. This leave can be utilized to address serious medical conditions, tend to a family member facing a serious medical condition, or welcome a new child through birth or adoption.
CFRA offers broader protections than FMLA. It applies to companies with five or more employees within California and allows for up to 12 weeks of leave for similar reasons, with some additional provisions for pregnancy and childbirth.
Signs You May Be Experiencing Medical Leave Discrimination
Here are some red flags that might indicate medical leave discrimination:
- Your employer denies your request for medical leave even though you meet the eligibility requirements under FMLA or CFRA.
- You are pressured to come back to work before you are medically cleared to do so.
- Your employer needs to provide reasonable accommodations upon your return.
- You are treated differently upon returning from leave, such as being excluded from projects or meetings.
- You experience a sudden change in performance reviews or disciplinary action after returning from leave.
What to Do If You Believe You Have Been Discriminated Against
If you suspect you are a victim of medical leave discrimination, it is crucial to act quickly. Here’s what you should do:
- Gather documentation: Keep copies of all relevant documents, such as your leave request, doctor’s notes, performance reviews, emails, and any other communication with your employer regarding your leave.
- Contact an experienced Los Angeles medical leave discrimination attorney: An attorney can assess your situation, advise you of your rights, and explore legal options.
- File a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH): You can file a complaint with the appropriate government agency within a specific timeframe (usually 180 days) after the alleged discrimination occurred.
How Rager & Yoon – Employment Lawyers Can Help
At Rager & Yoon – Employment Lawyers, we are committed to protecting the rights of employees in Los Angeles who have been discriminated against because of medical leave. Our experienced legal team can help you with every step of the process, including:
- Evaluating your case: We will carefully review your situation and determine if you have a valid claim for medical leave discrimination.
- Gathering evidence: We will help you gather the necessary documentation to support your case.
- Negotiating with your employer: We can attempt to resolve the issue with your employer through negotiation or mediation.
- Filing a lawsuit: We will represent you in court and fight for your deserved compensation if necessary.
Compensation for Medical Leave Discrimination
If you win your case, you may be entitled to a variety of damages, including:
- Reinstatement to your job means returning to your old or substantially equivalent position.
- Back pay: You may be awarded wages and benefits you lost due to the discrimination.
- Front pay: This covers future lost wages if you cannot return to your job.
- Compensatory damages may include compensation for emotional distress, pain and suffering, and damage to your reputation.
- Punitive damages: In some cases, punitive damages may be awarded to punish the employer for egregious conduct.
Taking Action is Crucial
If you believe you have been a victim of medical leave discrimination in Los Angeles, don’t wait to seek legal help. The sooner you take action, the better your chances of protecting your rights and obtaining justice.
Contact Rager & Yoon Employment Lawyers today at 310-527-6994 to schedule a free confidential consultation with one of our experienced attorneys. We are ready to listen to your story, evaluate your case, and provide the strong legal representation you need to fight medical leave discrimination. Let us be your advocates for justice in the workplace.