Q: I lost my regular full-time schedule after returning from FMLA/CFRA due to my short term medical disability.
I still have outstanding time offs but for some reasons, I can’t access my “Time Off” section on our company’s portal.
There is simply not enough in your post to know if your employer is violating the law or not. Generally, when you take FMLA/CFRA leave your right to return to your prior job or one similar thereto is guaranteed. If you cannot perform the essential functions of your job because of medical restrictions, the employer has a duty to work interactively with you to determine if those restrictions can be reasonably accommodated.
Your prudent move right now is to 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, 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-charge consultation and then if the matter has merit and sufficient value, they 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.
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An employer may not retaliate against you for taking a protected medical leave. The loss of your full time schedule upon your return from a protected medical leave creates an inference of unlawful retaliation. The employer is then required to provide a legitimate non-retaliatory reason for the adverse employment action. Assuming the employer offers a legitimate non-retaliatory reason, the employee as the burden to prove the employer's reason is false or pretextual.
Timing alone is often enough to get to the jury.
You should consultant an employment attorney. Most provide free consultations.
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