SICK LEAVE AND FAMILY LEAVE
Protecting Your Rights: Sick Leave and Family Leave Retaliation in California
California employees are entitled to take sick leave and family leave under various laws, including the California Family Rights Act (CFRA) and the Family and Medical Leave Act (FMLA). Unfortunately, some employers retaliate against employees for taking leave, which is illegal. If you’ve experienced retaliation for taking sick or family leave, a Sacramento employment attorney can help you protect your rights.
What Is Sick Leave and Family Leave Retaliation?
Retaliation occurs when an employer takes adverse action against an employee for exercising their right to take legally protected leave. Examples of retaliation include:
Demotions or Pay Cuts: Reducing an employee’s salary or job responsibilities after they return from leave.
Unjustified Negative Performance Reviews: Giving an employee a poor performance review as punishment for taking leave.
Termination: Firing an employee for taking or requesting sick or family leave.
If you’ve experienced any of these actions after taking leave, you may have grounds for a retaliation claim.
How to Prove Retaliation
Proving retaliation involves showing that there is a direct connection between your leave and the adverse action taken by your employer. Important steps include:
Documenting Everything: Keep records of your leave requests, communications with your employer, and any adverse actions taken against you.
Gathering Witness Statements: Colleagues who can confirm that the adverse actions occurred after you took leave can support your claim.
Reviewing Leave Policies: Understanding your employer’s policies on sick and family leave can help identify any violations.
A Sacramento employment attorney can help you gather the necessary evidence and build a strong case for retaliation.
Filing a Retaliation Claim
If you believe you’ve been retaliated against for taking sick or family leave, you can file a complaint with the California Department of Fair Employment and Housing (DFEH) or pursue a lawsuit against your employer. It’s important to act quickly, as there are time limits for filing claims.
A Sacramento employment lawyer can guide you through the process, ensuring that your claim is properly filed and that your rights are protected.
Why You Need a Sacramento Employment Attorney
Retaliation for taking sick or family leave can have serious consequences for your career and financial well-being. An experienced Sacramento employment attorney can help you seek justice and recover damages, such as lost wages and emotional distress.
If you believe you’ve been retaliated against for taking leave, don’t hesitate to seek legal advice. Contact me today to discuss your case and explore your options.