Treading through employment regulations can feel like an ordeal, particularly when the reason for taking a hiatus is maternity, health, or disability. Workers must arm themselves with knowledge about their entitlements and protections the law allows them to prevent unjust dismissal during critical times.
Your Protections in the Workplace
The Family and Medical Leave Act (FMLA) gives qualifying employees the right to 12 weeks of unpaid, safeguarded absence annually for specific family and medical exigencies, inclusive of maternity.
Pregnancy Disability Leave (PDL) provides up to a four-month hiatus for expecting mothers in California. Unlike the FMLA, PDL zeroes in on the span wherein an individual is rendered incapable of work due to pregnancy or issues surrounding childbirth. During this time, employers must not only continue the employee’s health insurance but also ensure the provision of an identical or similar role upon their return.
The Americans with Disabilities Act (ADA) protects employees requiring medical or disability leave, mandating employers to extend reasonable accommodations, which may encompass leave under specific scenarios.
Caveats and Constraints of Taking Leave
Although these laws offer protections, caveats exist. “At-will” employment, prevalent in most states, including California, allows employers to dismiss staff for nearly any rationale, barring those forbidden by law, such as taking FMLA, PDL or ADA leave. Yet, dismissal remains permissible under situations like organizational downsizing or allegations of misconduct at work.
It’s important for employees to meticulously record their leave and all correspondences they have with their employer. Such documentation helps in scenarios where the legality of a dismissal comes into question.
Your Recourse for Suspected Wrongful Termination
If you suspect your dismissal was unlawful, keep a comprehensive log of all conversations and paperwork related to your leave. A consultation with a Los Angeles wrongful termination attorney can shed light on your situation and suggest how to move forward. Additionally, lodging a complaint with the appropriate government body, such as the U.S. Equal Employment Opportunity Commission, could lead to an investigation and possibly, a resolution of your case.
Preventing Wrongful Termination Due to Leave of Absence
To avoid unjust termination, make sure that your leave is meticulously documented and communicated in alignment with your employer’s protocols. Review your employer’s leave policies as well as the legal rights awarded to you by federal and California state laws.
Though statutes like the FMLA and ADA create a shield against termination for taking maternity, medical, or disability leave, there are nuances and exceptions that employees must navigate. By arming yourself with knowledge and proactive measures in documenting and communicating your leave, you fortify your position against wrongful termination. Should you find yourself unjustly dismissed, seeking legal counsel can help you reclaim your position or secure restitution.