The Family and Medical Leave Act (FMLA) protects employees' rights to take time off for certain personal events like a prolonged illness or the birth of a new baby. The California Family Rights Act (CFRA) is the state's version of this law, but it also expands the time and certain types of leave available to employees.
Disputes regarding FMLA/CFRA leave often arise in situations where an employee is told he or she no longer has leave time available. In some cases, the employee faces retaliation for requesting protected leave time or experiences issues upon his or her return to work.
Whatever the scenario, consulting with an experienced lawyer should be your first step when it comes to protecting your rights to FMLA/CFRA leave. I have represented California workers since 1993. In that time, I have recovered millions in verdicts and settlements from employers who sought to infringe upon their employees' rights. If you have been involved in a dispute over FMLA or CFRA leave, I can help.
Understanding Your Rights Under FMLA/CFRA
In general, FMLA and CFRA give eligible employees up to 12 weeks off for events like:
- Health problems that require extended time off for recovery
- The birth of a newborn or the arrival of a newly adopted child
- Caring for a child, parent or spouse who has a serious health condition
Depending on your circumstances, however, you could be entitled to additional leave, such as in the case of pregnancy leave. Under California's Pregnancy Disability Leave law (PDLL), pregnant women are entitled to take up to four months of unpaid leave. Employees with certain medical conditions could also qualify for additional time off under the Americans with Disabilities Act (ADA) or the California Fair Employment and Housing Act (FEHA).
Handling Return-To-Work Issues
In addition to protecting your right to take time off for life events, these laws also protect your right to keep your job. Your employer must maintain your position and benefits while you are on protected leave. If the position changes while you are leave, your employer must provide you with a similar position with similar benefits if one is available upon your return to work.
Contact Attorney Matthew A. Kaufman
If you were fired while on medical leave or retaliated against for taking a protected leave, contact The Kaufman Law Firm at 818-305-6457 or 866-278-2385 toll free to schedule a free initial consultation. I maintain offices in Westlake Village and Los Angeles, and represent people throughout the San Fernando Valley. Se habla español.