What is considered a protected activity?

What is “Protected Activity”? Protected activity includes opposition to a practice believed to be unlawful discrimination or harassment. “Opposition” is informing or complaining to an employer that you believe that he/she is engaging in a prohibited discrimination or harassment.

What are 4 situations in which one may take FMLA?

When Can I Use FMLA Leave? You may take FMLA leave to care for your spouse, child or parent who has a serious health condition, or when you are unable to work because of your own serious health condition.

Can my boss retaliate against me?

1) California law – including the Fair Employment and Housing Act (FEHA), the Labor Code, and the Family Rights Act – prohibits employers from retaliating against employees who engage in “protected activity.” In other words, an employer is prohibited from firing, suspending, or taking any other type of adverse …

Can you sue for workplace retaliation?

A: If you believe your employer retaliated against you for complaining about discrimination or harassment, you may not go straight to court and file a lawsuit. Instead, you must first file a charge of retaliation with the EEOC or your state’s fair employment practices agency.

Can you sue your boss for retaliation?

Can you be fired while on FMLA?

An employee can lawfully be terminated while on medical leave if they would have been terminated regardless of whether they exercised their rights under the FMLA. However, if an employer fires or lays off a worker because they took medical leave, then the termination is unlawful.

How do you tell your boss you’re taking FMLA?

How to Ask for a Leave of Absence From Work

1. Understand your legal rights regarding time off and pay.
2. Make the request in person.
3. Give sufficient advance notice.
4. If possible, work with your boss to develop an agreeable plan.
5. Keep track of relevant paperwork.

When should I complain about my boss?

5 reasons to report your boss.

• They’re a bully.
• They harass people.
• They’re doing something illegal.
• They’re violating company policy.
• You’ve raised the issue and nothing has changed.
• Go to your boss first.
• Document everything.
• Go to HR.

Can a manager tell an employee not to take FMLA leave?

He noted that some managers share with employees that they think FMLA leave shouldn’t be taken, even though it’s a legal right. In one case, an employee asked for FMLA time off for a hysterectomy, and her manager told her to read a book called No More Hysterectomies.

Do you have to return to work after FMLA leave?

The Family and Medical Leave Act (FMLA) gives qualifying employees approximately 12 weeks of unpaid time off to handle family caregiving and medical issues. You should be able to return to your job after leave with zero repercussions. However, employers don’t always honor their obligations under the FMLA.

Can an employee be discharged for exercising FMLA leave?

Trouble-makers might bully workers over FMLA leave and try to get employees discharged for exercising their FMLA rights, Morris noted. HR should be on the lookout whenever a supervisor recommends termination and the FMLA or ADA might be involved.

What is intermittent FMLA leave and how does it work?

You can take your FMLA leave in one large sum, or you can scale back the number of hours or days you work per week. This is called “intermittent leave.” While you’re on intermittent leave, your employer can violate your FMLA rights in a number of ways—including demoting you or loading you up with too much work to accomplish within specified hours.