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The question of whether to sue for family leave discrimination

Family leave is something that both men and women have a legal entitlement to. However, it can be a touchy subject in the workplace, with many employees feeling directly or indirectly pressured to avoid it and work regardless of their need to care for their family. They may feel that they are at risk of being fired, demoted or refused promotion due to taking family leave, or they indeed might believe that they have experienced retaliatory actions against them due to them taking or requesting family leave.

The Center for Worklife Law at the University of California's Hastings Law School has analyzed the trends when it comes to litigation and family leave. They have seen a substantial increase of people choosing to sue their company over these matters, and what's more, winning their case with damages. So, when is it time to sue?

Taking part-time family leave does not have to be in relation to your child. It could be for other reasons such as to take care of a sick spouse or elderly family member. Whatever the reason, family leave might mean that you are more likely to miss cultural events such as social activities in the workplace. It could also have other implications, such as leaving early or arriving late. If your manager takes any negative action due to this, they may be discriminating under the Family and Medical Leave Act (FLMA) and you likely have a reason to file a claim.

If you have been discriminated against because of taking family leave, it is important to know your legal rights and seek the help that is available. You may be able to set the record straight and win damages.

Source: Huffington post, "More Employees Are Suing Over Family-Leave Discrimination. Here’s What You Need to Know.," Tom Spiggle, accessed Sep. 14, 2017

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