California employees may feel in debt to their employers for providing them with a job and a weekly paycheck. But workers should also know there are federal and state laws in place to protect them when employers disregard basic labor rights.
One such right allows for family and medical leave for employees experiencing health issues or who are helping a close family member with health issues. Leave is also guaranteed before and after the birth of a child and for military families dealing with deployment.
In fact, California law and U.S. labor laws are both in place to make sure workers receive these safeguards without having to worry about losing their jobs and benefits. California workers are shielded by the federal Family Medical Leave Act (FMLA) which provides strong legal protections for workers who need time off.
Contact a Family Medical Leave Act California Lawyer for a Free Case Review
If you have been denied time off for family or medical leave, Maison Law stands ready to help you seek justice. With our extensive knowledge of California and federal labor laws, we assist workers in filing claims against employers to secure back pay, benefits, and job reinstatement after an employer has broken employment laws.
Contact us for a free FMLA case consultation that comes with no obligation to you. We want to hear about the leave time that’s been denied to you and talk over all of your legal options. This free case review is completely confidential.
California Employee Protections Under the Family Medical Leave Act
California employees are safeguarded by many labor codes. Some are provided by state law and others are provided by federal law. The Family Medical Leave Act and the California Family Rights Act (CFRA) are two of the most influential laws establishing family and medical leave rights for California employees.
They provide similar legal protections for all local employees, but federal labor laws may differ in some important ways that would affect your case. A skilled California Family and Medical Leave Lawyer can ensure you don’t miss out on important federal or state benefits while filing your FMLA claim. You might stand to receive important benefits from both sets of employment law.
The U.S. Department of Labor states that the Family and Medical Leave Act provides eligible employees with up to 12 workweeks of unpaid job-protected leave over a year’s time for certain qualifying reasons. This time is usually unpaid, but employees are usually allowed to maintain their health insurance coverage while they are away. They are also entitled to take their time away without worrying that they’ll lose their jobs.
Employees may take Family and Medical Leave under these and other circumstances:
- The birth of a child and to care for the newborn child within one year of birth.
- The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement.
- To care for the employee’s spouse, child, or parent who has a serious health condition.
- A serious health condition that makes the employee unable to perform the essential functions of his or her job.
- An employee’s spouse, child, or parent.
California and Federal Labor Law Differences in Company Limits
While the California Family Rights Act provides legal protections for employees who work at companies with five or more employees, FMLA laws apply to workers at private businesses with 50 or more employees. Both sets of laws apply to all city, county, state, and federal government employees no matter how many people are employed.
California and Federal Family Leave Qualifications
Both California and Federal employment leave laws extend to workers who have been with their companies for a year or more and have worked at least 1,250 hours in that time.
However, according to the U.S. Department of Labor’s Family Leave Handbook the FMLA requires that the employer has at least 50 employees within 75 miles of the employee’s worksite. If your employer has employees that are spread out and there are not 50 employees within 75 miles of where you work, you will not be eligible to take FMLA leave.
Military Employment Leave Under the Family Medical Leave Act
The FMLA also provides certain military family leave entitlements. The Family and Medical Leave Act provides job-protected time away from work for military families dealing with a deployment. A spouse of a member of the military could use this time to secure childcare or take care of financial and legal issues while a partner is away.
A spouse could also take time away to spend family time with a loved one while a member of the U.S. Military has returned home for a short time while on leave.
Additionally, close family members get 26 weeks of FMLA leave in a single 12-month period to care for a covered servicemember with a serious injury or illness.
Even with such clear guidelines, employers can treat military members or their family members unfairly. It’s important to have a California Military Employment Leave Lawyer watching over how your case is handled to make sure you and your family aren’t punished for your service to your country.
Using Sick Days for Leave Under the Family and Medical Leave Act
The Department of Labor’s Family Leave Handbook also details options for employees who must take a leave but who also have vacation or sick days remaining.
Although federal guidelines for the Family and Medical Leave Act detail that this leave is unpaid, workers may wonder if they could use sick time, vacation time, and other personal time for their leave in order to still receive income during their time away.
According to the handbook, to use such leave, workers must follow their employer’s normal leave rules such as submitting a leave form or providing advance notice. Even if you don’t want to use your paid leave, your employer can require you to use it during your FMLA leave. Rest assured that when you use paid leave for an FMLA-covered reason (whether at your request or your employer’s) your leave time is still protected by the FMLA.
It’s important to speak with a skilled California FMLA Lawyer to find out if filing a claim under federal law or California’s Family Rights Act can help you get the most out of your family or medical leave claim.
Compensation for Family and Medical Leave Act Victims
California workers should file claims or lawsuits against their employers after an FMLA violation. They would be seeking full reimbursement for any backpay or benefits they lost while having to be away. A claim can often recover the legal fees a worker has paid to file a claim and any court fees.
The emotional toll that often comes along with a family or medical leave act violation could also result in an additional award for victims. Emotional trauma can be especially damaging to victims because this job stress comes at a time when they are often already experiencing a challenging life event.
Workers are also prevented from being harassed, intimidated, or fired because they spoke up about injustice. If an employer engaged in harassing behavior or terminated a victim’s job, a lawsuit could be filed against the business. A judge would likely award victims their jobs back with back pay and additional penalties for the company.
Contact a Family and Medical Leave Act Lawyer Taking a Stand for California Workers
If you have been denied your right to pregnancy leave, sick leave, military leave, or any other time off you are entitled to, please contact a California Employment Leave Attorney. Maison Law offers a free consultation to all victims of employment violations under the Family and Medical Leave Act. This no-obligation case review is completely confidential, and your employer will not find out about it.
It’s a no-risk way to understand the federal and state benefits available to you after you’ve been denied leave to care for yourself or your family or to observe your duty to your country. You may have been punished for taking this important time away, and we can help you report this violation as well.
Contact Maison Law’s Labor Law Attorneys to schedule your confidential case review to find out about the benefits you may recover in a work leave claim.
