Wrongful Termination Rights of Employees under FMLA

Article Written By: georgefuller

The United States federal government recognizes the urgency of certain employees when it comes to attending to medical needs and family concerns; hence the creation of Family and Medical Leave Act (FMLA).

In accordance with FMLA, California employers with 50 or more workers are legally required to provide leave benefits to eligible covered employees. An employee may become eligible for FMLA benefits, such as 12 weeks of unpaid leave, if he has worked for his employer for at least one year.

An eligible worker may file for an FMLA leave for the following reasons:

• Giving birth or taking care of a newborn

• Placement of an adopted child

• Rendering care for a spouse, child, or parent with severe medical condition

• Recovering from a serious health condition

California employers are prohibited to terminate an employee who used his FMLA benefits appropriately and lawfully. Under the law, employers who retaliate against a worker who used his leave benefits may be subjected to legal scrutiny and charges. However, employers are not prohibited from requiring their workers to provide medical certification to prove that he really went under medical procedures, treatment, or analysis.

California employees who have been wrongfully terminated for practicing their rights may file a lawsuit against the liable employer. Generally, pursuing an unlawful termination claim involves dealing with intricate array of legal procedures. Additionally, plaintiffs also have to deal with intimidating legal representatives of the defendant. In such case, it would be best to hire a California wrongful termination lawyer of good repute.

Aside from obtaining legal services, wrongfully terminated employees may also forward a complaint with the Employment Standards Administration of the U.S. Department of Labor (DOL). Claimants should be able to file the complaint not later than two years after the alleged violation had occurred.

Upon receiving the complaint, representatives from DOL would verify and investigate the claim. If in case that the involved employer has been proven guilty of retaliation against the claimant, the former may be required to provide compensatory and punitive damages to the latter.

About the Author

Jon - California wrongful termination lawyer and santa monica attorney.

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