Family And Medical Leave Act Attorneys
Life can throw all manner of complications at you. Whether you’re celebrating your child’s birth or battling a serious health condition, federal and state laws provide job-protected leave that can help you deal with your current circumstances without the fear of losing your position or being otherwise punished.
Both the Family Medical Leave Act (FMLA) and the California Family Rights Act protect you from steps your employer might be tempted to take.
If you’re facing a moment in your life when you need to step away from your job for a reason covered by the family & medical leave rights laws, but your employer is taking action against you, it’s essential to take legal steps.
For those looking for family medical leave rights lawyers, California offers the aggressive representation that workers deserve at the California Civil Rights Law Group.
Overview of FMLA
The Family and Medical Leave Act is a federal program that was created in 1993 and gives eligible employees up to three months, or 12 weeks, of unpaid leave within the period of 12 months. This is a job-protected leave for which you may be eligible if any of the following apply:
- You are unable to work because of a serious health condition
- You are caring for an immediate family member with a serious health condition
- You have a newborn child or have had a child placed with you via foster care or adoption
- You have an immediate family member who is on covered active duty as a member of the armed forces, National Guard, or Reserves
Your family & medical leave rights are exactly that: your rights. Your employer can’t take them away from you. If they try to terminate you, give your job to someone else, or in any other way retaliate, you can file a claim against them to remedy the situation.
Eligibility and Coverage
Employers who have to comply with the FMLA are those who have 50 or more employees within 75 miles, as well as all public and private schools. Public agencies must also provide FMLA leave.
Eligible employees are those who have worked for their employer for at least 12 months and, within the 12 months prior to asking for leave, have worked at least 1,250 hours. Paid time off, like vacation or sick days, doesn’t count toward this total.
The available protected and unpaid leave time you have is 12 weeks, which can be taken all at once or intermittently. There is one exception to this: if you’re caring for a service member with a serious injury or illness, you may be granted up to 26 weeks of leave.
Reasons for Taking FMLA Leave
Family and medical leave laws are available to eligible employees for a number of reasons. One of the most common is the birth of a child or the placement of a child with you via adoption or foster care services. This time allows you to bond with your child and is available to all covered employees, regardless of sex.
If you have a physical or mental condition serious enough to impact your work, you also have FMLA coverage. You will need to present medical certification to demonstrate that you’re suffering from a serious health condition.
You’re also protected if a family member is ill, though not all family members may be included in federal coverage. Typically, the FMLA leave laws apply when you need to care for a spouse, child, or parent who is ill. Registered domestic partners are not eligible.
Caring for the person can include assisting them with basic hygienic, medical, or transportation needs, as well as with physical care and psychological comfort.
Another situation the family & medical leave rights laws in California cover is if you have a qualifying exigency because a spouse, child, or parent is being deployed to a foreign country as part of military service. The deployment could result in needing to make childcare arrangements, needing to attend military events, and a variety of other activities.
Employee Rights and Protections
Employees are eligible to receive unpaid leave and job protection. This means that you have a right to return to the same position or an equivalent one.
You may also have the right to take intermittent leave, which allows you to get leave on a part-time basis. In order to establish that you need intermittent leave, your medical certification must state this as well as how long each break will be.
Your employer must also continue your health insurance benefits while you’re on leave. The same terms and conditions must apply as when you’re working.
These reasonable unpaid leave laws protect you from retaliation by your employer. An employer can’t prevent you from taking your leave if you’re eligible under FMLA. Keep in mind that your employer must also respond to your request for leave within five business days, and they must provide confirmation that you are eligible to receive these benefits.
California FMLA Laws
The California Family Rights Act and the FMLA are connected, with the former providing 12 weeks of unpaid leave, just as the standard FMLA offers in other states. Eligibility is slightly different, however.
The California Family Rights Act extends coverage to all private sector employers who have five or more employees in the state. It also applies to all state government employers. You do still have to be employed for at least a year.
Additionally, the California Family Rights Act classifies pregnancy separately from the health conditions it covers. This is because the state allows pregnant women to receive Pregnancy Disability Leave, as well, which is another 12 weeks. These weeks don’t have to run concurrently with FMLA leave.
Another important difference of the California Family Rights Act is that it expands the meaning of immediate family members. Coverage applies to a:
- Child
- Parent
- Parent-in-law
- Grandparent
- Domestic partner
- Sibling
Anyone who is related to you by blood or family relationships is considered a designated person and may be covered. Keep in mind that you can only name one designated person a year.
In some instances, you may also be able to receive paid time off via the California Paid Family Leave law. It allows you to receive partial pay.
Penalties for FMLA Violations
Our family medical leave rights lawyers California team provides assistance for those who have suffered a violation of their FMLA rights. If your employer has violated your rights, we can help you file a complaint with the Wage and Hour Division of the federal government, which is responsible for enforcing FMLA laws.
If an investigation reveals that your employer in any way retaliated against you or prevented you from accessing leave you’re entitled to, they could face a number of penalties. An employer might need to pay fines as well as damages in the form of lost wages and benefits.
If you lost your job illegally as a result of retaliation, your employer could be ordered to reinstate you. If that’s not possible, you may be able to receive pay for lost future wages. Additionally, the employer will need to pay your legal fees.
Contacting a California FMLA Lawyer
If your employer has violated your rights to take unpaid leave for eligible reasons, it’s essential to hire experienced family & medical leave rights attorneys to represent you.
These claims are highly complex and require an extensive understanding of both federal and state laws. Attempting to go through the process on your own could put you at risk of not receiving the compensation you deserve.
At the California Civil Rights Law Group, we provide the support you need when filing a complaint with the Wage and Hour Division and can represent you throughout the subsequent legal actions you decide to take.
If you’re looking for family medical leave rights lawyers, California attorneys on our team bring compassion and dedication to each case. Contact us to schedule a consultation and begin fighting for your rights.
Family and Medical Leave Act FAQs
If your rights have been violated, you have the chance to file a claim with the help of an attorney. Our team offers guidance on what you can expect from the process.
No. If you are covered by the FMLA, your employer cannot terminate you while you are exercising your right to medical leave. If they have done so, you may have the right to file a claim to receive compensation and, in some instances, reinstatement.
If your employer meets the requirements to be covered by FMLA or the California Family Rights Act and if the leave you’re asking for meets the requirements of these acts, your employer cannot deny your rights. They have to address your request within five business days.
Yes. Stress and anxiety can qualify for FMLA as long as they constitute a serious health condition. If your anxiety causes panic attacks, for example, you can’t do your job, so you should be able to ask for medical leave. As with any other FMLA request, you will need to have a medical certification that states the condition is debilitating and prevents you from working.
A number of scenarios are covered. One of these is if you have a new child. Whether you or your partner goes through childbirth, or you choose to adopt or foster, you have the right to take time to bond with the child. The age of the child doesn’t matter.
Another situation where the FMLA applies is when a family member is ill. If they have a serious medical condition and they need you to help them with everyday tasks or even with transportation to appointments and therapy sessions, you may be entitled to medical leave.
In California, loved ones for whom you can care go beyond children, parents, and spouses, and include grandparents, parents-in-law, siblings, and others.
The FMLA also applies if you are seriously ill. Any physical or mental health concern you have that is severe enough to interfere with work or that requires treatment that would be impossible to receive while working applies.
You can also apply for unpaid job-protected leave if a loved one who is a military member is deployed. You may need to make arrangements for childcare and other similar issues. If a military family member is ill or injured, you can also take family leave under the FMLA.
Under FMLA, you can take up to 12 weeks of unpaid job-protected leave. In some narrow instances, this can be extended to 26 weeks. Pregnant women can receive further leave by applying for Pregnancy Disability Leave.
FMLA does apply to part-time employees as long as they meet all of the eligibility requirements. Employees must have worked for their employer for at least 12 months, and they must have worked at least 1,250 hours during the previous 12 months. The employer, too, must meet some requirements. They must have at least 50 employees in a 75-mile radius.
Yes, your employer will likely require medical documentation in the form of a medical certificate. This certification should include your healthcare provider’s contact information, as well as information on the health issue you’re facing, including when the condition began, the symptoms involved, why it keeps you from working, and for how long you will be unable to perform your job.
The certification also needs to include some information on the treatments you will undergo. It doesn’t, however, need to provide a diagnosis.
Your employer needs to give you at least 15 calendar days to get this certification. If you don’t provide this certificate, your employer can deny your FMLA leave.
If you were fired while on FMLA leave, you should immediately hire an attorney. You will need to begin the process by making a claim with the Wage and Hour Division. This agency will look into the claim and decide whether you can pursue legal action.
With an attorney assisting you, it’s possible to present the exact evidence that shows your rights were violated.
You cannot be reassigned or demoted immediately after returning from leave. This would constitute retaliation and can give you the right to file a claim against your employer.
If you’re demoted or reassigned weeks later, the problem can become more complex and would require demonstrating that your work quality has remained consistent and doesn’t merit demotion or reassignment.
By filing a claim, you have a chance to recover a variety of damages, including lost wages. You can get compensated for the salaries, commissions, bonuses, and benefits you would have received if your employer hadn’t acted as they did. In instances when you lose your job and reinstatement isn’t possible, you can also receive future wages that you would have gotten.
It’s also possible to receive liquidated damages. These are a penalty that doubles the amount of your lost wages and addresses additional harms. You can receive compensation for the legal fees you sustained, as well.
If you experienced other losses, like needing to hire a caretaker for a loved one because you were denied family leave, that can also be recovered in a claim. It’s important to note that these claims don’t generally allow you to receive damages for emotional distress.
If you’re not sure about what you can claim, your attorney can give you a better idea of the available compensation.
