Can my boss write me up or fire me while I’m on FMLA?

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Can my boss write me up or fire me while I’m on FMLA?

Asked on December 5, 2012 under Employment Labor Law, California

Answers:

Aryeh Leichter / Leichter Law Firm, APC

Answered 8 years ago | Contributor

Your boss can terminate you and/or write you up while you're on FMLA leave if he or she would have done so had you not taken such leave, but cannot take adverse action against you BECAUSE you took or are currently on leave.  Such retaliatory conduct would be unlawful under the California Fair Employment and Housing Act.  Please call (213-381-6557) or email me ([email protected]) if you would like to discuss the matter further.

All the best,

Ari Leichter


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