What Can I Do If My California Employer is Retaliating Against Me for Taking FMLA Leave?

At Romero Law, our trusted California employment law attorneys know workplace harassment can occur anywhere, in any position, profession, or industry. In some cases, what begins as snide comments from coworkers or supervisors regarding another employee’s use of their Family and Medical Leave Act (FMLA) eligibility can turn the environment into a hostile workplace or include unlawful retaliation.

All employees should know that workplace harassment and retaliation are illegal under federal and California laws and can be pursued inside and outside the courtroom for deserving legal remedies.

If your coworkers are expressing complaints or concerns about your use of (FMLA) time, it is crucial to address the situation professionally and within the bounds of privacy and legal protections.

FMLA Rights

Understand Your FMLA Rights

The FMLA protects employees who need to take leave for qualifying family or medical reasons. If you are eligible for FMLA leave and have followed the proper procedures, you are entitled to job protection. You should not face interference or retaliation from your employer or coworkers.

Maintain Your Privacy

The details of your medical condition or reasons for taking FMLA leave are private. You are not obligated to disclose specific medical information to your coworkers. If coworkers are discussing your medical situation, it may violate your privacy rights.

Communicate Professionally

Consider addressing the issue professionally if coworkers approach you with concerns or complaints. You can explain that you are taking FMLA leave for legitimate reasons protected by law and that the details are private.

Talk to Human Resources & Communicate with Your Supervisor

If complaints persist or if you feel uncomfortable, consider discussing the matter with your human resources (HR) department. Share your privacy concerns and discuss any steps HR can take to address the situation. HR should be knowledgeable about FMLA regulations and can educate coworkers about your rights.

Maintain open communication with your supervisor about your FMLA leave and expected return date. If possible, discuss with your supervisor how your responsibilities will be handled in your absence and your plans for a smooth transition upon your return.

Document Everything

Keep records of your FMLA request, communications with your employer, and any incidents related to coworkers’ complaints. Documentation may be helpful if you need to address the issue formally or if there are concerns about potential retaliation.

Seek Legal Advice to Ensure Your Rights are Protected

If you believe your rights under the FMLA are being violated or experiencing significant issues with coworkers that are not adequately addressed, contact our experienced Los Angeles County employment law attorneys to discuss your unique workplace circumstances today.

Our employment law firm and bilingual staff offer services in both English and Spanish and are available now to discuss your case during a free consultation by calling (626)-396-9900 or contacting us online.

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