Avila & Shaddow Attorneys at Law
Southern California 866-450-4LAW
San Fernando Valley 818-676-9658
Nationwide Toll Free 866-450-4LAW
E-mail icon Se habla español
Main navigation search

Aggressive Protection of Your Rights Under The Law Schedule a Consultation

California nurse sues employer over FMLA violations

When many people think of the Family Medical Leave Act, they may think of employment protection for pregnant woman. However, the FMLA applies in many situations -- not just when an employee is pregnant. Under this federal employment law, employees can take unpaid leave for up to 12 weeks without losing their jobs under certain circumstances including a qualified medical reason, family illness and for the birth or adoption of a baby.

However, not all employees qualify for FMLA protections and some employers do not follow the law's requirements. In a recent California case, a nurse has sued her former employer claiming that her former employer, Kaiser, violated the FMLA and wrongfully fired her.

In this case, the woman left work in Aug. 2012 to help care for her ailing mother. Her mother had just undergone a full hip replacement. During her leave, the woman claims that her supervisor constantly called her to complain about her leave. She also said her boss left harassing and threatening phone messages urging the woman to return to work.

In Sept. 2012, the woman returned to her job and claimed that once she returned she still faced harassment about the leave. The woman was eventually placed on a suspension before being fired in December.

In her suit, the woman claims Kaiser wrongfully terminated her by firing her in retaliation for her taking protected medical leave. She is seeking various damages including special, non-economic, economic and general damages.

Under the FMLA, qualifying employees are allowed to take leave to care for a parent when that parent has a serious health condition. A serious health condition includes an illness, injury or other impairment that requires multiple treatments or long-term supervision, among other factors.

If an employee, like the nurse in this case, faces harassment, retaliation or is fired because of a medical leave then that employee may be entitled to damages for this illegal behavior.

Source: Courthouse News Service, "Took Care of Mom, Fired From Kaiser, Nurse Says," Philip A. Janquart, April 2, 2013

No Comments

Leave a comment
Comment Information
  1. Peer Review Rated For Ethical Standards & Legal Ability | AV PREEMINENT
  2. Consumer Attorneys Association of Los Angeles
  3. Avvo
  4. LACBA, Los Angeles County Bar Association
  5. Super Lawyers
  6. California Employment Lawyers Association

Need Help? Have Questions? Contact our attorneys for immediate assistance

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Southern California
21800 Oxnard Street
Suite 1180 - Penthouse
Woodland Hills, CA 91367

Toll Free: 866-450-4LAW
Phone: 818-676-9658
Fax: 818-337-7265
Map & Directions