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.
In general, FMLA and CFRA give eligible employees up to 12 weeks off for events like:
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).
It is important to understand that not every employer falls under the FMLA requirements. Under the law, any employer who has had at least 50 employees for at least 20 weeks in the current or previous year must afford FMLA protections to employees. Additionally, these employees seeking time off work under the FMLA must have:
Under both state and federal law, employees seeking to use their legal time off under the FMLA and CFRA do not have to specifically request medical leave. Often, employees do not anticipate the length of time that they will need off, which means they may not have properly requested the leave time. However, employees will still be protected under these laws if the employer was aware of the circumstances surrounding the absence.
Additionally, we do want to point out that employees are protected from retaliation or discrimination by employers for exercising their rights under the FMLA and the CFRA. This means that their employer cannot demote them, reassign them, cut their wages, change their job location, or create a hostile work environment because the employee requested leave.
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 on leave, your employer must provide you with a similar position with similar benefits if one is available upon your return to work.
There may be various types of compensation available to employees whose FMLA or the CFRA rights have been violated. At The Kaufman Law Firm, our team has extensive experience handling these cases, and we have the resources necessary to help determine exactly what happened. Our goal is to help clients recover the following:
If you or somebody you love has been retaliated against or terminated after using allowable leave under the federal Family Medical Leave Act or the California Family Rights Act, please contact an attorney as soon as possible. At The Kaufman Law Firm, we have extensive experience handling complex employment law cases, including instances where FMLA and CFRA violations have occurred. Let us get to work on your behalf as soon as possible so we can get you the compensation you need so you can move forward with your life.
If you were fired while on medical leave or retaliated against for taking protected leave, contact The Kaufman Law Firm at 818-990-1999 to schedule a free initial consultation. I maintain offices in Westlake Village and Los Angeles, and represent people throughout the San Fernando Valley.
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Your job is more than just a source of income. It is a major part of your lifestyle. If you have been the victim of wrongful termination, wrongful demotion or any kind of discriminatory business practices, it is time to take action and contact a Ventura employment law attorney that can help. Attorney Matthew A. Kaufman and the team at The Kaufman Law Firm bring experience and a vast arsenal of legal resources to help clients recover the money they deserve.
To learn more, contact our Westlake Village or Los Angeles law office today and schedule a free initial consultation to discuss your case.