What are my rights during a medical leave?

| Feb 14, 2020 | Medical Leave

Life can throw us terrible challenges at the most unexpected times. How we get past those difficult times can make us stronger. If you have an injury from an accident or recently discovered an illness, you have the right to take time off from work so that you can focus on your health and recovery.

In Los Angeles, the Family and Medical Leave Act (FMLA) protects your job in the instance that you need to take a medical leave of absence. The law comes into action once you have used up all of your available paid leave. Under FMLA, employees are then allotted up to 12 weeks of unpaid leave for every 12 months.

You can request medical leave for any of the following reasons:

  • You suffer from an injury or significant illness.
  • You recently went through a surgical procedure.
  • You are caring for a seriously ill spouse, parent, or other family members.
  • You are caring for a new child.

Your employer cannot fire you if you are on leave for any of those reasons. If you receive notice of termination despite your protected time off, you may have grounds to pursue wrongful termination. A wrongful termination claim can help you receive compensation in a variety of ways such as:

  • Promotion
  • Reinstatement
  • Required reasonable accommodations
  • Compensatory damages
  • Back Pay

Your job is an integral part of your life, and the laws in place protect you from losing that job due to a medical leave. When you’re already under emotional stress due to an illness or injury, the last thing you want is unemployment.

If your employer ends your job while you are on medical leave, you must consult with an experienced attorney as soon as possible. They can help you understand your situation and determine if you have cause to pursue legal action.