Family Medical Leave Act (FMLA)

If your employer fires you or discriminates against you for taking protected medical leave, you may have grounds for recovering in a lawsuit against your employer. If you can show that you were fired or harassed for taking time off for being sick, attending the needs of a sick loved one, or for taking time off after the loss of a loved one, you may be able to prevail in a lawsuit and recover damages from your employer.

For FMLA recovery, you must have worked for your employer for at least 12 months if it is a private employer. For a public employer, you already qualify. You also aren’t likely to have direct evidence (“I’m firing you because you called out for a surgery!”) so you will need to have as much in writing around the circumstances as possible to build your claim

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