Representing California Workers Discriminated Against Under The FMLA
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. 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.
These laws would appear to be fairly straightforward — and yet employers throughout California continue to violate employee’s rights when it comes to medical leave. At The Rutten Law Firm, APC, our employment law attorneys are experienced with all laws concerning medical leave, and we handle all types of discrimination cases against disabled workers. We only represent employees — not employers — and are deeply dedicated to protecting your rights under the FMLA and CFRA.
FMLA And CFRA Violations In California Employment
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 and Medical Leave Act 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.
Did You Know?
In California, 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.
You Deserve An Attorney Who Understands The FMLA
At The Rutten Law Firm, APC, 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.
If you believe that you or someone you love qualifies for protection under the FMLA or CFRA, but you have been denied leave by your employer, you need an experienced advocate and lawyer for your situation. Contact us online or call 818-308-5945 to learn about your rights under California employment law.