Legal Question in Medical Leave in California

FMLA question

My employer allows for 12 weeks of paid FMLA leave in a rolling 12 month calendar. I was out of work for a FMLA approved absence from Dec 15th to May 17th. My employer paid me 12 weeks of FMLA and paid me the rest of the time under a STD program. When I returned to work I was displined for the time paid under the STD program, although this was all one incident and FMLA approved. Is this legal?


Asked on 6/01/06, 2:47 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: FMLA question

Well, if you were disciplined, or improperly retaliated against, for taking the leave, and can somehow prove that, then you have grounds for legal action. It would seem strange to pay you and then discipline you for the same thing. Consult with a local attorney experienced in discrimination.

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Answered on 6/06/06, 6:12 pm


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