Family medical emergency? Your job is protected under law

When you need to leave work due to a medical condition or family situation, you’re protected under the Federal Medical Leave Act. This act grants employees rights and protects them when they have to leave work due to serious family illnesses, serious problems at home or illnesses of their own. The act was designed to provide employees the safety of knowing they can return to work following this leave of absence.

Despite this being in effect, not all employees are protected. If you are, you should have been notified of these protections by your workplace. Additionally, some workplaces may not live up to their obligations under the California Family Rights Act or Family Medical Leave Act, but if this happens, you may be able to seek legal compensation for your lost job and mistreatment.

If you follow the conditions of the FMLA, then you shouldn’t be at risk of losing your job. You should be giving your workplace notice as far in advance as possible. Once you do, you are protected by the federal and state laws surrounding emergency leave. If you are later terminated due to missing work for the emergency, you may be able to claim that would were wrongfully terminated and file a lawsuit.

If you weren’t told about your FMLA rights, haven’t been protected during your leave of absence or didn’t receive equivalent employment after your return to work, you may have a case. Our website has more information about your rights as an employee and how you can safely go on FMLA leave without a risk to your job.

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