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Is My Job Protected If I Take a Medical Leave of Absence?

January 31, 2022 Legal Team

In short, the answer is yes. Your job should be protected under the Family and Medical Leave Act (FMLA). Read on to learn more about the protections offered to employees under the FMLA.

If You Are Eligible for Leave Under the FMLA, Your Job Is Protected

The FMLA protects eligible employees from being fired for taking a leave of absence for a covered family or medical purpose. In addition, employers may not revoke the health insurance of an employee who takes a leave of absence under the FMLA.

You May Be Required to Provide Your Employer with Proof of the Condition

In order for an employee to take a leave of absence, some employers may require that the employee provides proof of a serious health condition. Employers have the right to request that an employee who is eligible for a leave of absence provide a certification of the severe health ailment issued by a health care provider.

Employers are required to allow employees no less than 15 calendar days to acquire the medical certification.

If an employer has a valid reason to be skeptical about the medical certification, they have the right to request that an employee obtain a second or third medical opinion. However, it’s important to keep in mind the employer must pay for the costs associated with acquiring a subsequent opinion.

We’re Here to Help Employees Who Have Had Their Rights Violated

Having your employee rights violated by your employer is unacceptable. You are entitled to certain protections under the law, and it is unlawful for your employer to infringe on your rights.

If this has happened to you, don’t delay—reach out to our office right away to learn more about what we can do for you.

Contact our team of skilled attorneys today with the details of your case by calling (949) 379-6250 or by filling out the online contact form.