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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 Steven M. Sweat, Personal Injury Lawyers, APC 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 Steven M. Sweat, Personal Injury Lawyers, APC today can help. Contact our attorneys today!


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I have known Steven for some time now and when his services were required he jumped in and took control of my cases. I had two and they were handled with the utmost professionalism and courtesy. He went the extra mile regardless of the bumps in the road. I can not see me using any other attorney and I would recommend him to any of my family and friends.
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Steven was vital during our most trying time. He was referred by a friend after an accident that involved a family member. While he was critical and lying in the hospital, Steven was kind, patient and knowledgeable about what we were going through. Following our loss, Steven became a tough and aggressive negotiator and made sure that we receive a huge compensation. I would refer Steven in fact, this happened 2 years ago and I still speak highly of his service. Cheryl S.
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Mr. Sweat is a pitbull in the courtroom as well as settlement negotiations - You can't have a better equipped attorney in your corner! It is a pleasure working as colleagues together on numerous cases. He can get the job done. Jonathan K.
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Because of Steven Sweat, my medical support was taken care of. Plus, I had more money to spare for my other bills. Steven is not only an excellent personal injury lawyer, providing the best legal advice, but also a professional lawyer who goes beyond his call of duty just to help his clients! He stood up for me and helped me get through the process. I would definitely recommend. I couldn't think of any better lawyer than him. MiraJane C.
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I must tell anyone, if you need a great attorney, Steve sweat is the guy! I had an awful car accident and had no idea where to turn. He had so much to deal with because my accident was a 4 car pile up. Not to mention all the other cars were behind me and they were not wanting to settle in any way! He never stopped working for me and had my best interest at heart! Audra W.
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