California Medical & Family Leave Claims Lawyer
Employees in California have many rights outlined in both federal and state law when they need to take medical or family leave. The state laws that provide these rights are the California Family Rights Act (CFRA) and the Pregnancy Disability Leave (PDL), which applies to eligible, pregnant individuals. The Paid Family Leave (PFL) is another state law that provides certain individuals leave. The federal law that provides protections is the Family and Medical Leave Act (FMLA).
Sorting through these laws to determine if an employer has violated a workers’ rights is challenging. If your employer has treated you unfairly, a California medical & family leave claim lawyer can help make things right.
The Family and Medical Leave Act (FMLA)
The federal FMLA allows certain employees to take up to 12 unpaid weeks of leave from their place of employment in one 12-month period. To qualify, the employer must employ 50 or more workers within a 75-mile radius of the main worksite. Employees must have also worked for the employer for 1,250 hours in the 12-month period before asking for the leave. Leave under this Act is possible when an employee is suffering from a serious medical condition, or needs to care for a family member that has a serious medical condition.
The California Family Rights Act (CFRA)
The CFRA provides many of the same protections as the FMLA, but it expands on them slightly. The CFRA covers employers that employ 20 or more employees within a 75-mile radius. Under this Act, employees can take up to 12 weeks of parental leave if they have a new child, either through birth, adoption, or foster care. The leave is intended to allow parents to bond with their new child and can be taken any time within one year of the family welcoming the new child.
The CFRA does not only provide protections for new parents. Any employee that cannot work due to a serious health condition, or that needs to care for a loved one can also take leave. The Act also outlines numerous other reasons that qualify for taking this leave.
Pregnancy Disability Leave (PDL)
The CFRA does not provide leave for pregnant individuals but women can take PDL. This law covers employers with five or more employees and individuals can take up to 16 weeks of leave as a result of the pregnancy. This leave is unpaid, but workers can sometimes file for SDI.
Paid Family Leave (PFL)
PFL is a complex area of law that allows up to six weeks of leave. The main difference with this law is that the leave is paid, but employees receive only a portion of their wages. This leave is also available for employees that want to take time off to bond with a new child.
Our Medical and Family Claims Lawyer in California Can Advise on Your Case
If your employer has denied your right to leave, or retaliated against you for taking or requesting leave, our California medical and family claims lawyers can help. At Obagi Law Group, P.C., we can advise on the different protections you have under the law, and help you claim the full damages you deserve. Call us today at 424-284-2401 or contact us online to learn more about how we can help.