Q: Can I get fired for taking a paid leave?
I first received two weeks of paid leave by Lowe’s due to my asthma and the corona virus spreading. A week before my leave was ending I was contacted by my HR representative in seeing if I’m good to return or wish to extend my leave to two more weeks. I chose the extension and will now be back may 4th. A coworker told me that my store manager is not happy for me extending my paid leave and told my supervisor if I were to extend my leave again he will seek to replace me and let me go. Is that even legal since I was approved for this by corporate ??
A:
Approval by corporate has no bearing. Whether terminating you for taking leave is unlawful depends on the reason for the leave. If your leave was because your doctor indicated you needed leave to address a medical issue, then the leave is legally protected and any retaliation directed at you for taking that leave would also be unlawful. If you have not provided the employer with a medical excuse, get one before extending the leave again to be sure you have this protection.
If you are retaliated against, locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
Maurice Mandel II agrees with this answer
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