California FMLA Lawyers

Life happens, and the Family and Medical Leave Act (FMLA) of 1993 allows covered employees to take job-protected leave for certain family or medical circumstances. When your employer refuses to grant you the leave you're entitled to, it can leave you feeling uncertain and anxious. Our experienced California FMLA lawyers are here to help. Contact the Myers Law Group today for a consultation.

Why Might Someone Need FMLA?

The FMLA allows you to take leave for several reasons:

• To care for your newborn after birth.

• To care for a spouse, parent, or child with a serious health condition.

• To treat a serious health condition of your own.

This is your legal right, and if your employer denies you this leave, they may face significant legal consequences.

You can take leave on an unpaid basis.

Making a Plan for Legal Action

You can take legal action if your employer:

• Refuses to grant you FMLA leave.

• Fires you or discriminates against you for raising concerns about your leave.

In such cases, you should consult with a California FMLA lawyer who will help you understand your options and guide you through the process of filing a claim. We’ll give you a step-by-step plan to move forward.

How FMLA is Enforced?

The FMLA is enforced by the U.S. Department of Labor’s Employment Standards Administration, which falls under the Wage and Hour Division. Whether you're employed by the state, a government agency, or a private business, these federal regulations protect your rights. If your rights are violated, we can help you file a complaint with the Department of Labor or take legal action against your employer.

You Are Protected from Retaliation

FMLA permits employees to take up to 12 weeks of unpaid leave within any 12-month period for various reasons, including pregnancy complications, maternity or paternity leave, caring for a serious health condition, or for an immediate family member’s health condition. Retaliation for taking FMLA leave is prohibited, and if you face any such retaliation, you may have grounds for a claim.

Eligibility for FMLA

To be eligible for FMLA leave, you must meet the following conditions:

• You’ve worked for your employer for at least one year.

• You’ve worked for at least 1,250 hours in the past 12 months.

• You work for a company that employs at least 50 people within 75 miles of your workplace.

FMLA protects you from being fired, demoted, or passed over for promotion due to your leave. If your rights are violated, you may be entitled to reinstatement and compensation for lost wages, benefits, and other damages.

Notice Requirements

You must notify your employer when you need to take leave. While you don’t need to specifically mention FMLA, you should indicate the reason for your leave, such as caring for a newborn or an ill family member. If you are taking leave more than once for the same reason, you should inform your employer that it is FMLA leave to ensure it’s treated as protected.

If possible, provide your employer with 30 days' notice before your leave. In emergencies, this requirement is relaxed, but your employer may ask for proof to ensure your leave is protected under FMLA.

FMLA FAQ’s

1. What should I do if my FMLA rights have been denied or violated? If your employer denies you leave or retaliates against you for taking it, it’s crucial to consult an attorney. We handle cases under both the FMLA and California’s version of the law, the CFRA. You’re entitled to up to 12 weeks of leave per year, and your job must be reinstated afterward.

2. What is important to know about FMLA in California? The FMLA is a federal law, but California’s CFRA offers similar protection, often with broader coverage. In many cases, claims are filed under CFRA, as it can be litigated in state court, offering more advantages than federal FMLA claims. Furthermore, California law may allow you to take additional leave beyond the 12 weeks under the Fair Employment and Housing Act (FEHA).

3. Which employees are entitled to FMLA rights in California? You are entitled to FMLA or CFRA leave if you work for an employer with 50 or more employees in a 75-mile radius, have worked for your employer for at least a year, and have worked at least 1,250 hours in the past year. If these criteria are met, you are likely eligible for FMLA leave.

4. What actions are considered unlawful under FMLA in California? Employers cannot terminate or retaliate against you for taking FMLA leave. Even after using 12 weeks of leave, you may still have protections under FEHA, which requires employers to accommodate you with additional leave if needed for your condition.

5. Is my employer obligated to pay me during family medical leave? While employers are not required to pay employees on FMLA leave, if you have accrued paid time off, vacation, or sick leave, they must allow you to use it. Additionally, if you're disabled or injured, you may qualify for state disability benefits. If your FMLA leave is work-related, workers' compensation may also provide wage replacement.

Call Us Today

You deserve to be treated fairly when it comes to your family and medical leave. If your employer is not complying with the law, we are here to help. Contact us today, and we will guide you through the process to ensure your rights are protected.