What is FMLA Employment Discrimination and Retaliation?

Facing FMLA or CFRA retaliation? Protect your rights if an employer discriminates or penalizes you for taking authorized leave.

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By Brad Nakase, Attorney

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1. Taking FMLA or CFRA Leave and Facing Retaliation

Taking FMLA or CFRA Leave and Facing Retaliation

Injured or sick for an extended period of time? Is your employer refusing to let you return to work? Or have you returned to find that your employer is unfairly criticizing your attendance, performance, and putting you on a Performance Improvement Plan (PIP)? If this sounds familiar, you may be facing retaliation for taking legally authorized Family and Medical Leave Act/California Family Rights Act (FMLA/CFRA) leave.

You have the right to take FMLA or CFRA leave without interference from your employer, and they cannot discriminate or retaliate against you because you have exercised this right. Those who use Family and Medical Leave Act (FMLA) or CFRA leave to care for a loved one with a terminal illness are also protected under California law. Therefore, your FMLA or CFRA leave cannot be used against you in any way by your employer, including in hiring, promotions, disciplinary proceedings, or termination decisions. It also cannot be used in “no fault” attendance policies.

Consult a retaliation attorney if you feel your employer has treated you unfairly because you requested or used medical leave.

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