Many workers in the state of California qualify for extended medical leave under the Family and Medical Leave Act. The FMLA gives eligible employees the right to take up to 12 weeks of unpaid leave within a 12 month period for a serious medical condition. Employees can also take this time to care for a sick family member, like a parent, spouse, or child. You can also take a leave of absence under the FMLA to care for a newborn or newly adopted child.
Job protection is another essential aspect of the FMLA, meaning that the employee must be reinstated to their original position or a comparable position upon coming back to work. When there is a violation of the Family and Medical Leave Act, the affected employee can file a claim under one of two reasons: interference / blocking the use of eligible leave time and retaliation, i.e., taking punitive action against the employee for asserting their rights under the FMLA.
I was Forced to Go on Medical Leave – What are my Rights?
The answer may be yes or no, depending on the circumstances. The most important element when it comes to answering this question is whether the employee needs to take a leave of absence. Essentially, you would have to show that even though you have a medical condition, it does not preclude you from doing your job. So, if your employer is demanding that you take medical leave even though your medical condition does not interfere with your ability to perform essential job duties, you likely have grounds for a labor law violation claim.
Now, let’s look at another scenario where the employer may be liable for FMLA interference. We mentioned before that eligible workers can have up to 12 weeks off per year. If the employer forces the worker to use up FMLA time too early, there is a risk of the employee not having any time left if the condition gets worse. Of course, in some cases, it may not affect the employee at all if they end up needing less than 12 weeks of leave for the entire year. However, you may find yourself in a situation where you were forced to use up all 12 weeks, and as your condition worsens, you are out of time that you could have requested for medical leave. So, this is another situation where you may have the option of taking legal action against your employer.
Finally, an employer may be in violation of the Americans with Disabilities Act if they force an employee to take a leave of absence because of a disability or a perceived disability. This is prohibited under the ADA if the employee is able to perform the central job functions in spite of their medical condition. So, this can give rise to a disability discrimination lawsuit. This is a separate issue from FMLA violations, but it can form the basis of an employment claim when a worker is unlawfully forced to go on leave.
Can I be Forced to Use FMLA if I have Available PTO or Vacation Days?
Unfortunately, the answer is yes, and it may be that the employer has no choice in requiring you to use FMLA leave, even though you have PTO that can be used. This is due to a recent decision by the U.S. Department of Labor, which states that employers cannot delay the designation of job protected medical leave if the worker qualifies for such time under the FMLA. So, even if both you and your employer would prefer to delay the use of FMLA in favor of vacation and other PTO, your employer’s hands may be tied in this situation.
Basically, as soon as you reveal a need for extended leave for any reason that qualifies under the federal guidelines, the time off must be designated as your right to FMLA protections.
If FMLA Leave is Forced on Me, can I Get Paid for this Time?
According to the terms of the Family and Medical Leave Act, employers are not required to pay the worker while they are out on leave. Thus, an FMLA leave of absence is generally unpaid. However, the employer does have the right to demand the use of PTO while you are on FMLA leave.
So, I can be Forced to Use PTO at the Same Time as FMLA Leave?
Yes, this is another area where the employer has the upper hand. If you qualify for medical leave under both the FMLA and your employer’s PTO policy, the employer can require you to use all your PTO concurrently with FMLA leave. They also have the option of allowing you to save PTO for use at another time, like once you have used up all 12 weeks provided by the Family and Medical Leave Act. However, the vast majority of employers require employees to use all available PTO concurrently with FMLA leave.
What to Do if Your FMLA Rights are Violated
From the information we presented, it would seem that you have little control over your right to FMLA medical leave. Keep in mind, however, that your employer cannot force you to go on leave when you are able to handle all the essential functions of your job. Your employer also cannot force you go on leave as retaliation, which is against state and federal laws.
Those who are experiencing a violation of their employment rights should contact a labor law attorney as soon as possible. Our law firm is here to explain your rights and help you determine the best course of action, which may include a lawsuit against your employer.
We handle cases on a contingency basis, meaning you do not pay anything upfront at the point of hiring us. Our payment comes from your employer as long as we succeed in securing a settlement or jury verdict in your favor. If we fail to bring you compensation, our Zero Fee Guarantee means you are not responsible for any legal fees.
Our legal team is here for you 24/7, so please reach out and schedule a free case evaluation.
