Family and Medical Leave Act (FMLA)
Our San Diego FMLA Attorneys Explain the Law
Has your employer denied you the time to take care of a family member in need? If so they may be violating the law.
The Family and Medical Leave Act (FMLA) was enacted to provide protection for workers who become sick or need to care for a family member. The law allows workers to take unpaid FMLA leave without retaliation from their employer depending on the number of employees working for your employer at or near your worksite.
Am I Eligible for Family Leave in California?
Where applicable, you may be legally entitled to take medical leave under either the Federal “Family and Medical Leave Act” or the State “California Family Rights Act.” With few exceptions, these two Acts are identical, and claims can be brought under either one or both. If you are entitled to take such leave, your employer cannot fire you or otherwise retaliate against you for exercising this right. This legal right even applies to “at-will” employees and allows an aggrieved employee who has been victimized by his or her employer to bring a lawsuit for damages against the employer. Such claims may also include recovery back pay, actual monetary losses sustained, liquidated damages, injunctive relief and attorney’s fees.
An employee entitled to FMLA or CFRA leave is entitled to take a total of up to 12 workweeks of unpaid leave during any 12-month period for:
- A serious health condition of the employee that makes the employee unable to perform the essential functions of his or her position.
- The care of a spouse, son, daughter or parent of the employee who has a serious health condition.
- The birth of a son or daughter of the employee and the care of such son or daughter or,
- The placement of a son or daughter with the employee for adoption or foster care.
Depending on the circumstances, leave authorized under FMLA or CFRA does not have to be taken consecutively, but cannot exceed 12 weeks during any 12-month period. Upon return from FMLA or CFRA leave, the employee must be returned to the same position or to an “equivalent position with equivalent benefits, pay, status, and other terms and conditions of employment.” An employee who takes FMLA leave is also entitled to maintain health benefits coverage. An employee on unpaid FMLA leave may pay the employee share of the premiums on a current basis or pay upon return to work.
Contact Our San Diego FMLA Attorneys for a Free Consultation
If you are an employee who has been wrongfully terminated, harassed or denied FMLA leave, you may have the right to monetary compensation. If you need to speak with a lawyer about the Family Medical Leave Act, or any other employment law issue, contact one the experienced employment law attorneys with The Gould Firm today to discuss your case today. We understand California’s employment laws and are here to help you get the benefits or compensation you may be entitled to. Please call, we are here to help.