FMLA

California FMLA Lawyers

Helping Clients Recover Their Jobs, Lost Wages, and More

Even the best employees need time off sometimes. This may be for medical reasons or to spend time with a newborn child. Whether you have taken off work for a serious health condition or to have more time with a new family member, you may be protected under the Family Medical Leave Act (FMLA), which is a federal law. The California Family Rights Act (CFRA) also offers protection for eligible employees.

When taking medical leave, it is important to understand whether you qualify for benefits. These laws can be technical and nuanced, so it is critical to speak with an FMLA lawyer about your unique situation. An employment lawyer, like those at Justice Law Corporation, will help analyze your circumstances to determine the best path forward. Your FMLA lawyer will also stand by your side to fight for the benefits associated with your medical leave.

If you have had your FMLA rights violated by a covered employer, please reach out to Justice Law Corporation right away. We can help you keep your job, protecting your ability to provide for yourself and your family. We have worked with countless clients to hold employers accountable according to state and federal law. Call 818-412-9470 immediately to schedule a complimentary consultation with our compassionate, hard-working legal team.

What Leaves of Absence are Covered Under the FMLA?

Not every leave of absence is considered qualifying family or medical leave. The law protects individuals in unusual circumstances who must stay home to recover from an unexpected illness or injury or to care for a close family member experiencing a medical emergency. The law provides additional benefits for family members of military service members.

Some circumstances that would be covered under the Family Medical Leave Act (FMLA) include:

  • Providing care for immediate family members who are suffering or recovering from a serious health condition
  • Treating and recovering from personal health conditions, including pregnancy and childbirth
  • Caring for and bonding with a baby following childbirth, adoption, or foster care
  • Offering care for a family member who is in the military and has suffered injury or illness (up to 26 weeks of unpaid leave)

It is crucial to remember that unpaid job-protected leave requires ongoing inpatient care or doctor supervision. If you aren’t sure whether your case falls under FMLA or CFRA protection, please reach out to our attorneys immediately.

 What Leaves of Absence are Covered Under the CFRA?

CFRA allows employees to take up to 12 weeks of unpaid, job-protected leave in California. Similar to FMLA, individuals who must stay home to recover from illnesses or to care for an ill loved one are protected under this act.

Some circumstances that would be covered under the CFRA include:

  • Bonding with a new child by birth, adoption, or foster care placement
  • Caring for a child, spouse, partner, or other relative with a serious health condition
  • Recovering from personal health conditions

Other circumstances may warrant a leave of absence but for a different period of time. For instance, employees who have suffered a reproductive loss event are eligible for a minimum of five days of leave. Employees who are disabled by pregnancy may be eligible for up to four months of leave.

How Is FMLA Eligibility Determined?

Qualifying for unpaid leave during or after a serious health condition can be complicated. However, recent changes to the California Family Rights Act have made it easier to achieve eligibility for family and medical leave. Eligibility under federal laws is stricter than utilizing California law related to family/medical leave.

Qualifying for FMLA Leave

Federal law requires individuals to prove that their leave of absence is based on the illness of an immediate family member, personal physical or mental condition, or leave to bond with a new child. Individuals seeking FMLA leave must also be employed by a private sector employer with 50 or more employees within a 75-mile radius. The person must also have worked for the employer for a minimum number of hours within the 12 months preceding the requested FMLA leave.

Qualifying for Family and Medical Leave Under CFRA

CFRA leave, which is governed by California law, is much less restrictive than federal statutes. For example, according to recent updates to the CFRA, a person can request a 12-week leave of absence to care for a “designated person,” which may include immediate family members, registered domestic partners, or other individuals who are like family.

Additionally, CFRA benefits extend to individuals employed by smaller companies, including those with five or more employees. The geographical qualification has been eliminated when considering individuals for CFRA leave. Finally, parents do not have to split their 12 weeks of leave but may each be entitled to up to 12 weeks of CFRA leave to bond with their new child.

If you need help proving you are an eligible employee who deserves protection under California’s fair employment laws, please contact our Family or Medical Leave lawyers today.

What Constitutes a Violation of FMLA?

Employers may request documentation from a certified healthcare provider before allowing medical leave for a serious health condition or family leave under FMLA. They may also require advance notice of 15 days to permit the unpaid leave. However, certain actions are not permissible according to employment laws.

For example, the following actions could constitute a violation of the Family Medical Leave Act (FMLA):

  • Your covered employer denied you FMLA leave for an eligible absence
  • Your employer adjusts your employment record to make it appear that you are not eligible for FMLA leave
  • Your employer treated you unfairly in retaliation for you exercising your rights under the Family Medical Leave Act, such as firing you, harassing you, demoting you, or threatening to do any of these
  • Your employer mistakenly qualifies you as an independent contractor to avoid having to give you FMLA leave
  • Your employer doesn’t return you to an equal or comparable status or position upon return to work

What Should I Do if My Employer Violated My FMLA Rights?

If you or a loved one has had their employment threatened following FMLA leave or CFRA leave, this can be extremely distressing. What makes matters worse is that you may already be experiencing stress due to personal or family sickness. If you have a new baby, you may be under increased pressure to cover the costs of the addition to your family, making it scary to have your job in jeopardy.

Our legal team offers a free consultation, so you have nothing to lose by reaching out to us to discuss your medical leave. When you reach out to an employment lawyer, you can rest assured that someone on our team will offer legal counsel for your unique circumstances.

You can take additional steps to improve your chances of success in fighting for your right to medical leave, including:

  • Keeping track of your timecards in case your employer tries to adjust your employment status
  • Reading and understanding your rights under FMLA and CFRA
  • Giving proper notification when possible so your employer knows what to expect in regard to your leave of absence
  • Gathering evidence, including communication between you and your boss, to show that you followed all guidelines under the law
  • Demonstrating ways you were retaliated against following your family/medical leave, such as job demotions, termination, or decrease in pay
  • Hiring an employment lawyer to back you up and offer legal support at this critical time
  • Responding quickly and honestly to your attorney’s request for documents and information

Please don’t feel that you have to go through this challenging time alone. You can reach out to Justice Law Corporation today for assistance with retaining the same or equivalent job and the ability to provide for yourself and your family.

How Does the Department of Labor Enforce the FMLA?

The FMLA is enforced by the Department of Labor through the Wage and Hour Division (WHD). This group investigates claims against employers who are accused of violating state and federal laws. However, these departments are very busy and often don’t have time to provide adequate and timely attention to each unique case.

When you are facing rights violations under FMLA or CFRA, you have much better chances when hiring a lawyer. The process of going the civil route involves bringing a lawsuit against your employer. Keep in mind that retaliation for the lawsuit is prohibited, so you are protected under the law when filing your complaint. Often, matters can be resolved through negotiation, so many cases never go to court.

For more information about your legal options, reach out to our law office right away. You may also wish to bring emails, voicemails, witness accounts, and other pieces of evidence to help your lawyer develop the best strategy in fighting for your rights.

Do I Need a Lawyer to Protect My Rights Under the FMLA?

If your FMLA or CFRA rights have been violated, you should come forward to protect your rights and your ability to provide for your family. Fighting an employer on your own can be intimidating and doesn’t always have the best results. To get a better chance of success, we recommend speaking with a trusted California FMLA lawyer who understands California and federal law and will protect your right to family/medical leave.

Your lawyer can help by:

  • Offering personalized legal counsel
  • Gathering evidence to back up your story
  • Achieving a fair settlement using honed negotiating techniques
  • Representing you in court if your case requires litigation

Don’t hesitate to reach out to our law firm right away for the representation you need. The federal statute of limitations requires FMLA victims to bring a suit within two years, or they forfeit their right to compensation. Act now to seek the justice you deserve by calling us for a free consultation.

Should You Hire Our FMLA Lawyers in California?

When your livelihood is at stake, you need California FMLA attorneys you can count on. Our FMLA/CFRA attorneys can help protect your monetary and health benefits. We will fight for you whether you are facing wrongful termination, harassment, or threat of demotion. We understand federal and state law and will seek the job protection you deserve following your leave for family or medical reasons.

Get the help you need while recovering from a serious medical condition or bonding with a new member of your family. Let us handle the legal details so you can focus on what matters most: recovering and spending time with loved ones. Call 818-412-9470 to schedule your complimentary case evaluation today.