California Family Rights Act Attorneys in Los Angeles
Call Today for a Free Consultation
Under the California Family Rights Act (CFRA), you have a right to file for leave from work due to personal illness, to attend to the illness of a family member or in connection with giving birth to or adoption of a child, among others. If you are not allowed by your employer to take your leave under any of the above circumstances, you employer will be guilty of leave discrimination, retaliation or he can otherwise be charged with interfering with the employee's rights.
However, to also safeguard the right of employers under the principle of “management prerogative”, in order to be granted the right to file a leave under CFRA or FMLA, your illness must be serious in nature, like hospitalization or surgeries requiring you to be provided with inpatient care. Still, if you are undergoing minor surgery for cosmetic reasons, not requiring inpatient care, you are not granted the right to claim for leave under said laws. Similarly, or with more reason, if you only have coughs and colds and you are disallowed by your employer to file leave, then you cannot claim a violation of CFRA law or leave discrimination against your employer. The rights granted by CFRA can only be claimed under emergency or resinous circumstances relating to your or your family’s health and/or well-being. If you are very ill or have a family member that you need to take care of who is very sick, then you have a right to obtain leave under the CFRA law in California.
MELG Law Firm’s Los Angeles, California Family Rights Act Lawyers are well known in protecting employees against leave discrimination at work. As of date, we have already obtained millions in awards for all our clients who have been denied their federal and state granted rights to file leaves under certain conditions and those who have been retaliated against for claiming there leave rights under CFRA and FMLA.
Call Us Now at (866) 500-4848 and we will sure to provide you with excellent and timely legal services you deserve.
What To Do in Case of California Family Rights Act Violations?
Under the California Family Rights Act (CFRA) you may file for leave for illness, to attend to your sick family member or adopting a child, or if you are a woman, in connection with giving birth. If you will be denied your right to take emergency leave on account of the reasons mentioned above, then you have a right to seek damages against your unjust employer.
Are the Rights Under CFRA Absolute?
No, they are not. Law makers know that the rights under the Act are prone to being abused by some ill meaning employees. Hence, there are conditions before the rights under the Act can be availed of by employees, i.e. “Serious health condition” referring to any illness, injury (incurred while working or otherwise), impairment, or a medical condition that involves the employee or his or her child, spouse, or parent to undergo either in-patient care in a medical facility or continuous treatment by a health care provider.
Hence, if you will be undergoing surgery for aesthetic purpose like to get a lip or eyebrow tattoo, these medical procedures are not part of the protected medical condition by the Act. You can still file for leave but said leave is subject for approval by your employer.
Never try to claim your damages against your employer on your own. You will surely lose to your employer who has the resources to hire defense lawyers to protect himself from lawsuits. If you are serious in getting the compensation you deserve, seek top employment law firms like MELG Law Firm, which is composed of high caliber labor law attorneys who can aggressively fight for your rights regardless of the complexities of your legal issues.
What Your CFRA Rights Entail?
If you are covered by the Act you are a right to take a leave of up to a total of 12 workweeks in any 12-month period.
Are Part-Time Employees covered by the Act?
Yes. CFRA leaves are also available to both part-time or full-time employee, provided that the employee:
- 1. had more than 12 months of service with his or her employer and
- 2. has worked at least 1,250 hours within the 12-month period before the beginning of the leave.
There are a further qualifications to be covered by the Act. This is why, if you want to know more about your rights, you should seek legal help from CFRA lawyers in California who have a lot of experience in representing employees who have CFRA rights issues.
What Are The Obligations of Your Employer Under the Act?
The Act imposes both positive and negative obligations on your employer, to wit:
- 1. Positive Obligation - your employer is obligated to grant you your leaves as provided for by law.
- 2. Negative Obligation - your employer is also prohibited from discriminating or harassing you after you obtain your leaves.