Los Angeles Family and Medical Leave Act (FMLA) Lawyer

FMLA / CFRA Violations in California Employment

The Family and Medical Leave Act (FMLA) is a federal labor law that allows employees to take up to 12 weeks of unpaid leave for their own or a family member's serious medical condition. Leave does not need to be taken all at once, but can be taken on a periodic or intermittent basis.

The California Family Rights Act (CFRA), the state equivalent to the FMLA, was enacted to allow individual workers and their families the ability to care for their own medical needs and the medical needs of close family members without worrying about being fired or replaced. It is the employer's duty to provide notice of an employee's FMLA/CFRA rights as soon as the employer becomes aware of the need for this type of leave. The employee is not required to use any magic words or mention the FMLA to be entitled to such leave -- the notice requirement is triggered as soon as the employer learns that the employee has a serious medical condition and needs treatment.

In order to qualify for leave under the FMLA or CFRA, the employee and the employer must meet certain criteria. An employer is only subjected to the FMLA/CFRA if it employs more than 50 people within a 75-mile radius. An employee can qualify for leave if he or she, his or her parents, his or her spouse, or his or her children have a "serious medical condition."

A serious medical condition is defined as a condition that requires inpatient treatment or at least two visits to a physician and incapacitates the employee for more than three consecutive days. Recurrent conditions also qualify for FMLA protection.

The law requires that employees returning from family or personal medical leave be reinstated to their same job duties, rate of pay and benefits of employment.

Where an employee exceeds the 12 week family medical leave allotment, employers are still prohibited from terminating an otherwise qualified employee on the basis of the employee's physical or other disability, injury or illness. This type of disability discrimination still violated the Fair Employment and Housing Act, Government Code § 12940(a).

At The Rutten Law Firm, APC, with offices in Studio City, California, our attorneys are experiences with the FMLA/CFRA laws, and handle all types of discrimination cases against disabled workers. We only handle employment law cases, and have a thorough understanding of the Family and Medical Leave Act. We know that employees who need to use the benefits provided under the FMLA or CFRA are deeply concerned about their health or the health of a spouse, child or parent. We provide skilled legal representation to protect and enforce the rights of these employees.

Contact us toll free at 818-308-5945.

Our California Employee Rights Attorneys Understand the Requirements of the Family and Medical Leave Act.

The FMLA and CFRA differ with regard to the information that employers have access to for their employee's medical conditions. You can learn more about the qualifications for the FMLA and CFRA and the differences between the state and federal acts by contacting a lawyer at The Rutten Law Firm, APC.

Contact The Rutten Law Firm, APC, in the San Fernando Valley and throughout California.

If you believe that you or someone that you love qualifies for protection under the Family and Medical Leave Act, but you have been denied leave by your employer, you need an experienced advocate and attorney for your situation. Contact us to learn about your rights under California employment law. Call our California employee rights lawyers toll free at 818-308-5945.