A San Francisco woman has received hundreds of thousands of dollars as a settlement in her wrongful termination case. She was let go from her restaurant job because her employer poorly handled her family medical leave situation.
The Family and Medical Leave Act (FMLA) has been in effect in the United States since 1993. Even still, the Department of Labor says that many companies continue to make mistakes in implementing it. This puts them at risk of penalties and fines fined. There are a few common ways in which they violate this federal law.
If you had to take medical leave under the Family and Medical Leave Act (FMLA) for personal reasons or to take care of family, it is likely that you had to deal with a significant amount of stress during that period. It is unfair that you would then have to worry about your career suffering as a result.
In an absolutely perfect world, every employee would receive the benefits and protections afforded under the Family Medical Leave Act (FMLA). Sadly, this is not the case. Many employees working at California workplaces will never have the right to take unpaid leave under the FMLA. That's because they don't work at employers with 50 or more employees located at workplaces within a 75-mile radius, or they don't work as a government employee or school employee. The FMLA only protects workers in these positions.
Sometimes, unexpected issues can arise in your personal life that make it difficult or impossible to continue working for awhile. This could be a personal illness, an illness suffered by a parent or child, or another family emergency.
When you become a mother, there are many reasons why you will need to take time out from your ordinary activities. First, you will need to recover physically from the process of pregnancy and childbirth. Most doctors advise that this will take at least 6 weeks, and therefore, they never recommend that a mother returns to work within this time frame.
If you have a child who is suffering from a lengthy illness, it is very likely that it has been an upsetting time for you. You will want to provide your child with as much physical and emotional support that you possibly can, no matter the age of your child. However, you will also need to support your child financially by having job security.
When you have a family or have medical issues, it is likely that there will be times when you need to take time off work in order to attend to a specific matter. As long as you meet certain requirements, you will qualify for unpaid employee leave under the Family and Medical Leave Act (FMLA). Taking unpaid leave under the FMLA means that you are immune from having a negative action being made against you because of the leave taken. In other words, you cannot be fired or demoted for taking leave in order to have a child or care for a sick family member.
When you become a father, your life will change unrecognizably. It is likely that you will want to make your role as a father a priority after the birth of your child or at the start of the adoption transition, and you likely have every right to do this. Many fathers do not realize that they have the legal right to unpaid leave after the birth of their child, and worry that their careers might be at stake.
If you or your partner is pregnant and you are expecting a child, you will inevitably want to prepare for the first few months of life with your new baby from a financial and logistical perspective. Working mothers often feel as though they need to get back to the workplace as soon as possible after their baby is born, fearing that they may struggle financially or their career will suffer as a result of taking a significant of time off.