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Family and Medical Leave Attorney in California

Family and Medical Leave in California

Going on a leave on account of your own medical problems or those of a family member is a right given by the federal government’s Family Medical Leave Act (FMLA).

Under this act, the employer has to protect the employee’s right to return to their job or position of equal pay and benefits when the leave is over. The state of California also enacts the California Family Rights Act (CFRA), which is part of Fair Employment and Housing Act (FEHA).

Failure to uphold your rights to a family or medical leave can have serious repercussions for your employer. In addition, the law prohibits employers from any form of retaliation against you or other employees for exercising your rights under the FMLA

Our employment law team at Soho Law can help with your case as an employee in all aspects of employment law, including FMLA-related matters. Contact our discrimination law legal team at Soho Law now! Call us now at 310-803-9560 for a FREE CONSULTATION

What is the FMLA and CFRA?

Both the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) give workers unpaid medical leave for various situations and emergencies. Workers are generally allowed up to 12 weeks of unpaid leave each year for the following reasons:

  • For the recovery after a serious health condition that requires additional treatment or inpatient care.
  • For the serious health condition of a spouse, parent, or child.
  • For the birth of bonding of a child or adoption of a child by the worker.

 

The FMLA applies to all employers who have at least 50 employees for 20 weeks or more in the current or previous year. For an employee to be eligible for these protections, they must have worked for the company at least one year, worked at least 1,250 hours the previous year with the company, and have worked at a location with 50 employees within a 75-mile radius of the location.

Under the FMLA, it is also illegal for an employer to retaliate against an employee for requesting or using leave under this Act.

How Does FMLA Apply?

The Family Medical Leave Act (FMLA) applies to employers who have more than 50 employees, and requires them to provide at least 12 weeks of unpaid leave with benefits for a 12-month period for the following reasons:

  • Serious illness
  • Complications related to pregnancy
  • Caring for a newborn child
  • Adopting or fostering a child
  • To provide care for a member of your immediate family member who has serious health condition

 

Simply put, the law protects you and other employees by requiring employers to provide you with leave, and ensure you return to the same or similar position upon returning from leave.

Any denials or violations of your rights under the FMLA may require legal action.

Can an Attorney Help with my FMLA Violation Case?

If you or somebody you love has been denied access to paid leave allowable under FMLA and CFRA or have been retaliated against for using leave, it is recommended that you seek legal assistance immediately.

Our legal team will investigate your conditions and review every aspect of your case. Once there’s strong and substantial evidence that a case can be filed, you may be eligible to the following compensation:

  • Reinstatement to your job (if applicable and desired)
  • Front pay and back pay
  • Pain and suffering damages
  • Access to reasonable accommodations if necessary
  • Court cost and legal fees
  • Possible punitive damages against the employer

Contact a Discrimination Attorney in California Now!

If you or a loved one is facing retaliation based on your decision to take leave, your employers must be held accountable. As FMLA and CFRA are federal and state regulations, employers must oblige accordingly and failure to do so will be catastrophic for them.

At Soho Law, we care for your rights as an employee and hold employers accountable for any form of discrimination. With offices in California and New York, we work tirelessly and fight for your rights as an employee. Call us now at 310-803-9560 or click here to fill our contact form for a FREE CONSULTATION.