FMLA Leaving Should Not Lead to Wrongful Termination

Generally, employees take a leave to take care of any health-related issues and family-related matters, but sometimes this can lead to wrongful termination. In accordance with Family and Medical Leave Act (FMLA), it is unlawful for employers to terminate a worker for taking a leave due to a health issue or family affair.

FMLA is aimed in helping workers balance work and family duties by permitting them to have reasonable unpaid leave for medical or family consideration. It also advocates equal opportunity for men and women.


In Los Angeles, employers with 50 employees or more should follow the policies set by FMLA. Workers who worked for a certain employer for at least a year may be eligible for up to 12 weeks of unpaid leave. An employee can file for an FMLA benefit for the following purposes:

Giving birth and taking care of a newborn Placement and care of an adopted son or daughter Taking care of a spouse, child, or parent with severe health condition Recovering from a serious health condition that makes it impossible for the employee to work

If an employee wants to take a leave of absence due to one of the reasons listed above, his or her employer cannot retaliate by terminating him or her from work. However, employers are not prohibited from asking medical certifications if the employee is asking for a leave due to a medical condition.

An employee in Los Angeles who believes that he or she was wrongfully dismissed from work can file a complaint with the Employment Standards Administration of US Department of Labor (DOL). The complaint should be filed no later than two years after the alleged violation occurred. The government agency will examine the claim after receiving it. Another option is to file a suit without the help of DOL. In this case, getting help from a Los Angeles wrongful termination attorney is much needed. Acquiring legal counsel can greatly help in addressing the plaintiff's concerns.

Shane Mico used to be a campus journalist in a University and holds a degree in AB Mass Communication. he jumped-start his profession in web content writing and has written somekeyword articles to date.