The Family and Medical Leave Act (FMLA) allows certain employees to take up to 12 weeks of unpaid leave each year. This leave is job-protected, which means that eligible employees cannot be fired for taking this leave. If they are, it could be grounds for an unlawful termination claim. However, the FMLA does have strict eligibility requirements. To find out if you are a covered employee, consider seeking employment law advice from a labor attorney in San Jose, CA. Your labor rights lawyer will ask you for certain information, such as how long you worked for your employer prior to taking leave, how many employees are located at the business, and whether you provided timely notice to your employer before taking your leave.
If your attorney determines that you may have been terminated unlawfully, you might decide to file a claim. Your lawyer may file a grievance with your union if you are a member. Otherwise, you may file a claim in court. Since deadlines do apply to filing claims, be sure to talk to an attorney as soon as possible after your termination.