California FMLA Lawyers
Life happens. The Family and Medical Leave Act of 1993 (FMLA) allows covered employees to take job-protected leave for certain family or medical circumstances. When your employer doesn’t allow you to take leave from work, this can leave you feeling uncertain and scared. Our California FMLA lawyers can help. Call the Myers Law Group today for a consultation.
Why Might Someone Need FMLA?
You can opt to take leave for the following reasons:
- Taking care of your child after giving birth.
- Taking care of your spouse, parent, or child who has a serious health condition.
- Taking time to treat a serious health condition of your own
This is granted by your employer and it is your right to take you leave. If they do not let you take this leave they can get in serious trouble, and you have a right to a claim. You can opt for unpaid leave.
Making a Plan for Legal Action
You can take legal action if your employer does one of the following:
- Refuses to grant you rights to FMLA regulated leave.
- Fires you or discriminates against you for bringing concerns forward about your leave not being granted.
From there, you can consider talking to a California FMLA lawyer. You can sit down for a consultation to get the information you need to get started.
A lawyer will help you make a plan of action. You will know exactly what you need to do to start your claim. You will get a step-by-step on how to take legal action against your employer. Call today.
How FMLA is Enforced
The FMLA is enforced by the US Department of Labor’s employment standards administration. It is in the wage and hour division. Whether you were working for the state, working for the government or working for a private business, these federal regulations are there to protect your rights.
We can take your claim to the US Department of Labor. They can investigate. Also, you can work with your attorney to file a lawsuit against your employer for violating your rights. That’s what we do best. We can set you on the path to success.
You Are Protected from Retaliation
The Family and Medical Leave Act (FMLA) permits an employee to take up to 12 weeks of unpaid leave during any 12-month period for pregnancy complications, maternity or paternity leave, care of the employee’s own serious health condition, or care of an immediate family member (spouse, child, parent) who has a serious health condition. A serious health condition entitling an employee to FMLA leave is any illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a healthcare provider.
Eligibility for FMLA
Here are some circumstances that would allow you to take FMLA leave:
- You have worked for your employer for at least one year
- You have worked for your employer for at least 1,250 hours over the past year before you went on leave
- You work in a company that has at least 50 workers who work within 75 miles of the workplace
The FMLA protects you from being fired, passed up for a promotion, or being demoted by your employer based on your leave requirement. You have the options of getting reinstated in the company and getting benefits from winning a lawsuit. That would include your lost wages, lost benefits, or any other damages you faced because of this experience.
You have to put your employer on notice for your leave. Typically speaking you don’t have to say that this leave is specifically related to FMLA. You do have to let them know exactly why you need to take leave. That might be to be with your baby after your wife gives birth or to take care of your ailing mother. Your employer has to give you this leave as it is legally protected.
If you are taking leave twice for the same reason, then you have to say that it is FMLA protected leave. This is because you need to let your employer know that this is legally protected leave, and not something up for their discretion to grant you.
You have to give your job at least 30 days of advanced notice if you know that you will need to take leave. Obviously this isn’t possible in emergency situations of course. That is the exception to this rule. Your employer can ask you why you take emergency FMLA leave to make sure that it is protected by the law.
Call Our California FMLA Lawyers
You deserve to be treated fairly. If you need to take leave, you should be granted that. When your employer doesn’t provide you what you need, we are here to help. Call us today. Our lawyer is happy to help.
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