Los Angeles Medical Leave Retaliation Lawyer

Here’s an overview of some of the rights you might have under these laws:

• The right to care for a sick family member.
• The right to take leave to heal from a serious medical condition.
• The right to paid sick leave (once an employee has worked at least 30 days within the year, and after the 90-day waiting period).
• The right to leave due to pregnancy, childbirth, or a related condition.
• The right to up to four months of leave for pregnancy or related disability.
• The right to take medical leave to bond with a new child.
• The right to bond with a new child for up to 12 weeks if the employer has 20 to 49 employees (starting January 1, 2018).
• The right to take leave for the introduction of an adopted or foster child.
• The right to handle practical matters due to a family member’s military service.
• The right to up to 10 days of unpaid leave while a spouse is on military deployment during a period of conflict.
• The right to take up to 26 weeks off to care for a spouse, child, or parent who suffered illness or injury while serving in the military.
• The right to take time off to care for a domestic partner or child of a domestic partner.

It’s important to note that not every employee is eligible for all types of medical leave. The laws of the FMLA only apply to all employers with 50 or more employees. Employees are eligible for FMLA medical leave only if they’ve worked for the company at least 12 months and 1,250 hours.

The CFRA also applies to employers with 50 or more employees. Other acts apply to smaller companies. If you’re unsure about whether the law permits you to take paid or unpaid medical leave at work, talk to one of our FMLA retaliation attorneys in Los Angeles. It can be difficult for employers to observe all these leave laws, but they must stay within the confines of the law. 

Common Examples of Medical Leave Retaliation

Employers are prohibited from punishing employees for exercising their lawful right to medical leave. Unfortunately, retaliation often appears in subtle ways that still have serious consequences. 

Below are some of the most common forms of medical leave retaliation we see in Los Angeles workplaces.

Termination 

Firing an employee shortly after they request or return from medical leave is one of the clearest signs of retaliation. This frequently occurs in pregnancy-related leave cases or following leave for a serious medical condition. Our attorneys analyze timing, internal records, and employer explanations to uncover unlawful motives.

Demotion or Reduction in Pay or Hours

Some employers retaliate by cutting hours, reducing pay, or removing responsibilities after medical leave. This is especially common in disability-related situations, where employers make unfair assumptions about an employee’s abilities after treatment or recovery.

Pregnancy-Related Retaliation

Employees who take pregnancy disability leave, or request accommodations, are often subjected to adverse treatment, including denied promotions, forced reassignments, or increased pressure to resign. These actions may violate multiple California employment laws.

Increased Scrutiny or Disciplinary Write-Ups

Sudden enforcement of minor rules or an influx of negative performance reviews after medical leave can signal retaliation. Employers often use these tactics to justify later termination. We can work with you on the best means of shedding light on retaliatory motivations. 

Failure to Reinstate to the Same or an Equivalent Position

Employees returning from medical leave are entitled to reinstatement in the same or a comparable role. Assigning an employee to a lesser position, particularly after disability leave, can amount to unlawful retaliation.

Contact Our Los Angeles Medical Leave Retaliation Attorneys Today

At Nosrati Law, we focus exclusively on employment law and take a consistent, straightforward approach to retaliation cases. We believe in the people behind each claim and are personally invested in helping our clients move forward with confidence. Founded in 2003 by lawyers with 40+ years of combined experience, we work on a contingency basis, making experienced legal guidance more accessible without added financial pressure.

Call (323) 784-0643 or contact us online today. Our bilingual staff works with both English and Spanish-speaking clients.