Legal Question in Medical Leave in California
Avaliability being questioned due to FMLA
I recently applied for a promotion at work, it is a large company with over 2,000 employees. After i did not get the job the only feedback I got was that everything was great excpet for my avalibility. I asked what they meant by avaliability and was told it was my attendance. The interesting thing is that the only time I had really taken off was for FMLA. Is this something I should fight?
2 Answers from Attorneys
Re: Avaliability being questioned due to FMLA
Employers cannot discriminate against employees based upon protected medical leave under the FMLA or if they perceive the employee to be disabled. This includes denying the employee a promotion for exercising a lawful right to take legally protected medical leave.
The trick is to address the issue in a manner that will not jeopardize your future with the company, if that is still a concern for you.
You should meet with an experienced employment law attorney to review the facts and discuss your options to best decide what is the right manner to approach your current status with your employer.
Re: Avaliability being questioned due to FMLA
Fight? If you can somehow credibly show job/promotion denial was because of taking the legally protected leave, then sure, pursue it. It may be possible to use that argument as leverage to change their mind about you, although it sounds as if it is too late for the promotion. If an attorney contacts them to 'discuss' the problem, they may agree to take some action. Feel free to contact me if serious about doing something about this. Employment law has been a specialty of mine for 20 years.
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