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FMLA Discrimination
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Yamin Law Group

FMLA Discrimination

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid leave per year for medical and family reasons. Under California law, the California Family Rights Act (CFRA) provides similar protections, and in some cases, allows for additional leave time beyond the FMLA.
FMLA discrimination occurs when an employer takes adverse employment action against an employee for taking FMLA leave or for requesting FMLA leave. Adverse employment action can include demotion, termination, reduction in hours or pay, or other negative employment actions.

Under California law, it is illegal for employers to discriminate or retaliate against employees for exercising their right to take leave under the FMLA or CFRA. This means that an employer cannot punish an employee for taking leave, or for requesting leave, or for opposing discriminatory practices related to FMLA or CFRA rights.

If an employee believes that they have been discriminated against for taking FMLA or CFRA leave, they can file a complaint with the California Division of Labor Standards Enforcement (DLSE). The employee can seek remedies such as reinstatement, back pay, and compensation for any other damages they may have suffered as a result of the discrimination.

It is important to note that the employee has the burden of proof in an FMLA discrimination case, and they must be able to show that the adverse employment action was motivated by their use of FMLA leave. Additionally, the employee must file their complaint within one year of the discriminatory action.

Yamin Law Group

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In summary, California law prohibits employers from discriminating or retaliating against employees for exercising their right to take FMLA or CFRA leave. Employees who believe they have been discriminated against for taking leave can file a complaint with the DLSE and seek remedies such as reinstatement and compensation. It is important for employees to document any adverse employment actions taken against them after they have requested or taken leave.