Legal Question in Medical Leave in California
fired while on leave taking care of dying mother
I took leave in June 2004 to take care of my mother who was diagnosed with cancerous brain tumor and given only a few months to live. My employer gave me paperwork for the new law effective July 1 2004, to receive pay for 6 weeks. I completed and returned. My mother later died...on 8/16/04. I left my employer a message with the news. My employer phoned me on 8/31/04 when was I told that they were firing me. 2 days later, the person that was hired in March of 2004 to assist me.... was promoted to my position and a second person hired to assist her. Is this legal. I was eligible for the 12 weeks of FMLA???Please help.
1 Answer from Attorneys
Re: fired while on leave taking care of dying mother
It is unlawful to terminate an employee for taking medical family leave to care for a seriously ill parent. Employers must provide up to 12 weeks off for this purpose.
However, there appears to be a time gap in your factual scenario. You state that your mother passed away on August 16th, but your employer called you on August 31st to notify you of your termination. This implies that you did not return to work the two weeks following your mother's death. If so, you were not protected under the FMLA. Some companies provide bereavement leave, but not as long a two weeks. The fact you may have been pre-approved for a longer leave period will not help once the reason for the leave ends.
If there is something I am missing, feel free to follow-up.
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