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Family and Medical Leave

Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA)

Do you have a legal matter regarding medical leave issues and need a California employment law attorney? The FMLA allows for employees to take up to 12 weeks of leave for medical reasons without losing their job.  In addition, the California Family Rights Act  allows for leave for any of the following reasons:

  • Birth of a child for purposes of bonding
  • Placement of a child in the employee’s family for adoption or foster care
  • For the serious health condition of the employee’s child, parent or spouse
  • For the employee’s own serious health condition

There are certain criteria which must be met for this leave, such as the employer having 50 or more employees employed within 75 miles of your work, and the employee having worked for 12 months and at least 1250 hours prior to requesting the leave.

Common Scenario:  The most common scenario our office sees is a worker who qualifies to take the leave for themselves or to care for a loved one such as a child, spouse or parent and then gets harassed about taking the leave, harassed during the leave and/or terminated after returning from the leave.  In this case, the employee might very well have one or more claims for wrongful termination and should consult our office immediately.  There are strict time deadlines on these claims and failure to act could result in a loss of any ability to recover lost wages, the value of lost benefits and the costs of pursuing the claim.

Have your legal rights been violated and you need the advice of experienced Employment Law attorneys in California? Our California employment law attorneys at the law offices of Steven M. Sweat today can help. Contact our attorneys today!

Some areas of employment law that our attorneys practice include:

* Wage disputes
* Overtime pay
* Vacation pay
* Unlawful termination
* Sexual harassment
* Gender, Race discrimination
* Pregnancy discrimination

The Family Medical Leave Act or the California Family Rights Act states an employee need not provide any other information to take the leave. A request to take CFRA or FMLA is not necessary. Rather, an employee only needs to claim that the reason is a serious medical condition. A serious medical condition is considered to be defined as “one that necessitates either inpatient treatment, or at least two doctors visits, and incapacitates the employee for more than three consecutive days.” An employer may request that documentation be provided. However, the act states that any request for additional information must be made in writing. If you need legal advice regarding the Medical Leave Act, contact our attorneys.

The act also specifies that an employee may take up to twelve weeks of leave. Furthermore the act states: “An employer may not interfere with, restrain, or deny, the exercise, of any right which is provided under the FMLA, discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.”

Have your legal rights been violated and you need the advice of experienced Employment Law attorneys in California? Our California employment law attorneys at the law offices of Steven M. Sweat today can help. Contact our attorneys today!