Family Medical Leave Act Attorney in Los Angeles
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Under the Family and Medical Leave Act (FMLA), you are given a certain number of days to be off work to take care of your family emergencies and serious personal issues, to include giving birth, adopting, or placing a child into foster care, dealing with your serious health condition; attending to the needs of your family member who has a serious health condition; taking time off in the event a family member is called to active military duty; or take time off to take care or your seriously injured or sick family members in the military.
Although FMLA is a federal statute, there is also a more specific law applicable to California employees. This is the California Family Rights Act (CFRA). Similarly, in CFRA, you cannot be denied your right to take emergency leave on account of the same reasons protected by FMLA. If you or any of your co-workers were not allowed to attend to family emergencies covered by the above laws, then your employer is guilty of violating FMLA rights. In this case, you have a right to claim damages you suffered against your employer.
However, in claiming compensation against your employer, you should know that there are minimum standards you need to comply with in order to be eligible under the law. Also, you must know that not all medical leaves and illnesses can be used as excuse to obtain emergency leave. In determining whether it is an actual emergency subject of FMLA or CRFA laws, the illness or medical concern must be serious.
To know more about your rights under FMLA and to make certain that you are able to claim your rightful compensation for damages, seek help from MELG Law Firm composed of expert employment lawyers who have decades of experience in taking care of labor law issues.
Call Us Now at (866) 500-4848 and we will assure you that your case will be our priority.
What To Do in Case of Family Medical Leave Act Violation?
Under the Family and Medical Leave Act (FMLA), employees have a right to file specific leaves, which should be granted by their employers because they are mandated by law. If you get sick or you need time off from work in order to take care of a family member who is sick, then you can file for leaves under FMLA.
Covered Emergencies Under FMLA
As an employee, there are specific family emergencies where you can file for immediate leave and your employer cannot deny you leave from work for these reasons, which include:
- 1. giving birth,
- 2. adopting or placing a child into foster care,
- 3. dealing with your serious health condition;
- 4. attending to the needs of your family member who has a serious health condition;
- 5. taking time off in the event a family member is called to active military duty; or
- 6. taking time off to take care or your seriously injured or sick family members in the military.
Are All Employees Covered by FMLA?
No. You are not automatically covered by the Act. There are minimum requirements for you to be covered under the Act, which are:
- (1) Those who have worked for at least one (1) year with the same employer;
- (2) Those who have worked for at least 1,250 hours in the immediately preceding year; and
- (3) Those whose employer has at least 50 employees working within 75 miles of the work site.
If you are not yet covered by the Act, it does not mean that your employer cannot grant you emergency leaves. It is just that you may not be given paid leave for your being absent from work. In any event, your employer cannot unjustly or unreasonably forbid you from taking leave if it is really an emergency.
Length of Coverage of the Act
If you are a covered employee you are given a maximum of 12 weeks of unpaid medical leave. This can be extended if your condition is such that you are diagnosed with mental or physical disability that requires extended leave on account of such disability.
Leaves for Pregnant Employees
Aside from the maximum 12 weeks of leaves under the Act under the California Pregnancy Disability Leave Law (PDLL) you can add a maximum of 4 months to your leaves if you are also covered under PDLL.
You have a right to seek damages against your employer which includes compensation for your pain and suffering. In order to make sure that your case prospers, you need to seek help from top labor law attorneys who you can trust to fight for your rights.