Both state and federal laws give employees the right to take time off for reasons associated with the health of themselves and their families. If your employer denies you that time off or retaliates against you by firing you or taking any other adverse action, you can file a FMLA lawsuit. The Los Angeles, CA FMLA lawyers at Setyan Law are here to explain your options.
Medical Leave Laws in Los Angeles, CA
While the Family and Medical Leave Act (FMLA) is a federal law that ensures employees are allowed family and medical leave, the California Family Rights Act (CFRA) also protects the jobs of workers who take time off.
Both of these laws give FMLA eligible employees the right to take up to 12 weeks of unpaid leave in a 12-month period for injury or illness of themselves or family members.
Additionally, it is illegal for employers to retaliate or discriminate against people who meet FMLA requirements and take eligible leave.
The Family and Medical Leave Act (FMLA) applies to all employers who have 50 or more employees within a 75-mile radius. Employees are eligible for FMLA leave if they have worked for an employer for at least one year and have worked a minimum of 1,250 hours.
Eligible reasons to take unpaid FMLA leave include:
- The birth of a child or placement of a child through adoption or foster care
- Care of a spouse, child, or parent with a serious health condition
- For a serious health condition of the employee, including pregnancy
- For a qualifying exigency arising out of the fact that a spouse, child, or parent is a military member on active duty
One of the main distinctions between FMLA and CFRA is that federal law does not recognize domestic partners as spouses, but the CFRA does.
Additionally, California’s Parental Leave Act allows parental leave for employees who work for companies with at least 5 employees within a 75-mile radius.
Examples of FMLA Violations
Violations of FMLA and CFRA include any adverse employment action against an employee who took valid FMLA medical leave. Some examples of violations include:
- Termination during medical leave
- Termination upon return to work
- Changes in the terms and conditions of employment upon return to work
- Decrease in pay
- Reassignment to a less desirable location or department
- Denial or interference with FMLA leave
- Termination after a complaint that FMLA rights have been violated
Many of these examples include workplace retaliation, which is not legal in California.
Our Los Angeles, CA FMLA Lawyers Are Here to Help
If your employer acted out against you for requesting or taking FMLA leave, you should immediately contact a FMLA attorney in Los Angeles, CA. The skilled lawyers at Setyan Law have litigated hundreds of employment law cases like yours. Our Los Angeles, CA employment lawyers are ready to explain your rights and guide you through a FMLA claim.
Setyan Law has a team of legal professionals ready to act now. Call us today at (213) 618-3655 to schedule a free consultation. No fee unless you win.
How an Employment Attorney in Los Angeles, CA Can Help You
Employment disputes are about more than winning. They often involve your livelihood and can impact your entire life. Setyan Law has a team of legal professionals and discrimination lawyers in Los Angeles, CA, Pasadena, CA, and Glendale, CA.
We will review your case, gather evidence to support your claims, and fight for you to get the justice you deserve.
Please feel free to call us for a free consultation about your rights.