Employers who breach the FMLA often strategize their actions meticulously to avoid seeming non-compliant. Nevertheless, your rights under the law should not be surrendered due to an employer’s violation. The intricacies of the law can be perplexing, underscoring the significance of seeking guidance from a seasoned FMLA attorney at the Law Office of Fahim Rahman.

If your employer in San Diego requires medical certification or other documentation from your doctor or your seriously ill family member’s treating medical professional upon your request for FMLA leave, you must provide this paperwork before your request is approved. Your employer in San Diego is entitled to request such documentation. However, it is unlawful for your employer to ask you to sign a medical waiver or release. If uncertain, refrain from signing any document that might compromise your rights.

Firing an employee while they are on FMLA leave constitutes a clear violation of the FMLA. Similarly, terminating an employee upon their return from leave and attributing the leave as a contributing factor for termination is also a violation. An equally unlawful violation arises when there are alterations to the terms of employment during the employee’s leave period. This encompasses reducing compensation or making changes to employment terms, such as reassignment or demotion to a less favorable position or department within the organization.