WHO IS ELIGIBLE FOR FMLA?

There are different ways for an employee to qualify for protection under FMLA. If you have worked in your current position for at least one year, you should qualify. The same is true if you have worked for at least 1,250 hours during year prior to your leave date. You are also more likely to qualify if you work for an employer with 50 employees that work within 75 miles of the workplace.

You can take FMLA time for different reasons. Some common reasons to take this time off include the birth of a child, taking care of a sick family member, or taking time to deal with your own health issues. Taking leave under the FMLA is only possible when you give your employer notice of your leave. This includes informing them of the nature of your emergency.

COMPENSATION IN AN FMLA CASE

If you successfully sue your employer for a violation under FMLA using a San Diego contract lawyer, you could be entitled to monetary compensation. Your compensation could include your financial and emotional losses caused by your treatment at work. Some of the types of damages available to you include:

• Back Pay. You could be entitled to lost back pay you would have earned if you were not wrongfully terminated.
• Front Pay. You could also recover future salary, wages, and benefits you would have been entitled to recover had you remained at your current position.
• Emotional Distress. Violations of your FMLA rights can take an emotional toll. Compensation for your emotional distress could be available to you.
• Liquidated Damages. Your liquidated damages are worth the combined value of your back and front pay. These damages are available if your employer cannot show they acted in good faith.

FMLA LAWYER FAQS

CAN YOU BE TERMINATED WHILE ON FMLA?

It is possible for you to be fired from your position while taking leave under FMLA. However, this termination cannot be because you requested or received family leave. Your employer is not barred from firing you for cause while you are on FMLA leave.

CAN I BE DENIED A RAISE BECAUSE OF FMLA?

You cannot be denied a raise due to requesting or taking FMLA leave. This is a form of discrimination that is barred by federal law, and it could result in a viable claim for compensation against your employer. Talk to a San Diego contract attorney if you believe have experienced this.

CAN FMLA ABSENCES AFFECT PERFORMANCE EVALUATIONS?

Taking leave under FMLA cannot have a negative impact on your performance evaluation. In fact, this leave should not be considered whatsoever during these evaluations. Your employer can perform an evaluation after you request leave or even while you are on leave, but the evaluation period may not take into account the time you were on leave at all.

WHAT ARE LIQUIDATED DAMAGES UNDER THE FMLA?

Liquidated damages are a type of compensation that is somewhat unique to FMLA cases. This form of compensation is designed to be punitive in nature if your employer cannot show that they acted in good faith when they violated your FMLA rights. A San Diego breach of contract lawyer can address your questions about this.

TALK TO A SAN DIEGO FMLA ATTORNEY RIGHT AWAY

If you are employed in San Diego, you likely have rights related to taking family leave. Whether you are expecting the birth of a child or facing serious health issues, your employment should not be at risk while you address these issues.

The team at Gomez Trial Attorneys looks forward to advocating on your behalf following this act of discrimination. If you are ready to get started with your case, contact us as soon as possible for your private consultation.

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