Redondo Beach Medical & Family Leave Claims Lawyer
Everyone needs to take time off from work at some point to deal with a family or medical emergency. For this reason, both California and federal law protects an employee’s right to take a specified amount of job-protected leave each year. An employer cannot retaliate against an employee who takes such leave or otherwise interfere with their rights under the law.
Yet many employers seem to think the law does not apply to them. If you are in a situation where your employer has denied your request for time off or retaliated against you in any way, a Redondo Beach medical & family leave claims lawyer can help. At the Obagi Law Group, P.C., we represent California workers who have been denied their legal rights and we can help you seek compensation and other damages from an employer.
Know Your Rights Under the FMLA and CFRA
The two main laws governing employee leave are the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). The two laws are similar but do contain critical differences. For example, the FMLA covers private employers with 50 or more workers, while the CFRA covers private employers with as few as 5 workers. Both laws cover all public (government) employees.
Not all employees are necessarily covered by the FMLA and CFRA, however. You typically need to have been with your current employer for more than 1 year and worked at least 1,250 hours during the 12 months before you wish to take leave. Both laws allow eligible workers to take up to 12 weeks of leave per year for certain qualifying reasons, including but not limited to:
- The employee needs to care for their spouse, registered domestic partners, parent, child, grandparent, grandchild, or sibling who has a serious health condition.
- The employee needs time to bond with a newborn, adopted, or newly placed foster child.
- The employee needs to recover from their own serious health condition.
- The employee needs to spend time with a family member who is on active duty in the military and on short-term leave.
FMLA and CFRA leave is unpaid. This means your employer is not required to pay you for any time off that you take, although if you receive health insurance benefits through your employer those must continue during your leave. Your leave is job-protected, meaning you must be guaranteed a return to the same or comparable position once you return to work.
Contact the Obagi Law Group Today
If you are eligible for FMLA or CFRA benefits, it is against the law for your employer to deny your request for qualifying leave. It is also illegal for your employer to retaliate–e.g. fire or demote you–for making a leave request. This means that you can sue your employer for any violations of your rights under the FMLA or CFRA.
If you would like to learn more about the law in this area and wish to speak with a skilled Redondo Beach medical & family leave claims lawyer, contact the Obagi Law Group, P.C., today, to schedule a free initial consultation.