Whether you are sick or you have a family member who requires you to care for them, your employer is obligated to abide by the Family and Medical Leave Act. In California as well as all states in the nation, the FMLA allows eligible employees to take as much as 12 weeks of unpaid leave for family and health reasons. In addition, California also has many laws that allow employees to take leave time for certain situations. Also, these laws not only provide for leave time, but also the right to reinstatement at your job. Unfortunately, even though state and federal law gives employees these rights, some employers may attempt to ignore these laws and put pressure on employees to remain on the job. If you have been denied medical leave to which you are entitled, do not let your employer get away with this illegal act. Instead, take action by hiring an employment attorney Newport Beach workers look to for protection of their rights.
Family Medical Leave What to Know
Under federal guidelines, eligible California employees are allowed up to 12 weeks of unpaid leave for such things as recovering from a serious health condition, caring for a loved one who is ill, bonding with a new baby following childbirth or adoption, and also in preparation for a family member’s military service. While employers should be understanding in these situations, that is not always the case. Should your employer deny you medical leave for these or other related reasons, consult a family medical leave lawyer Newport Beach families rely on for sound advice in these matters.
To be eligible for FMLA leave at your place of employment, you must meet certain requirements. To begin with, you must have worked for your employer for at least one year. Next, you must have worked at least 1,250 hours over the previous year. Finally, your employer must have at least 50 employees for a minimum of 20 weeks per year, and you must work at a location with at least 50 employees within a 75-mile radius. If you meet these requirements, California employers are bound by state and federal law to grant you medical leave. If they fail to do so, immediately contact an FMLA attorney Newport Beach clients know will make an employer abide by the law.
Why Leave Can be Granted
As stated earlier, medical leave can be granted for several different reasons. The most common are when you are recuperating from a serious illness or injury, a loved one needs you to care for them while they are recovering from illness or injury, you are bonding with your new child, you are handling matters related to a family member being on active-duty military service, or you are caring for a family member who was injured while on military duty. Since there may be situations where your employer may state you do not meet certain requirements for being granted FMLA leave, they may balk at granting you leave time or even threaten to fire you if you need to be off from work. Rather than be intimidated by an employer who is likely violating state and federal law, seek advice from a lawyer for medical leave denial Newport Beach families know will protect their rights each step of the way.
Amounts of Leave Time
If you need medical leave for yourself or to care for a family member, the amount of leave time you can use may vary. For example, if leave is needed due to a serious health matter, bonding with a child, or is related to a family member’s military duty, you may take up to 12 weeks leave during a 12-month period. In addition, this leave time renews yearly, so long as you continue to meet basic eligibility requirements. However, if you need leave time to be a caregiver to a military member who was injured while on active duty, you are allowed to take up to 26 weeks of leave within a 12-month period. When questions arise concerning these matters, do not sit back and worry about whether or not you will be fired for taking care of a loved one. If you need a lawyer for FMLA violation Newport Beach residents trust, turn to experienced professionals you know can help.
In many of these situations, an employee’s reinstatement rights may be called into question by their employer. If this happens, never hesitate to contact an employment attorney Newport Beach workers need for legal guidance in these situations. No matter what your employer says, in most instances you are entitled to be reinstated into your previous position, no matter the circumstances. Also, while on leave time, you are allowed to continue your health insurance coverage at the same cost you paid while on the job. Finally, your family medical leave lawyer Newport Beach clients turn to for help will make sure you are able to use any accrued paid leave time you have if necessary.
California-Specific Leave Time
While the federal FMLA leave will cover most situations for workers, there are state-specific types of leave time in California that many workers may not be aware exists for them and their families. For example, employees who are victims of domestic abuse are allowed to take unpaid leave when seeking restraining orders, and employers who have at least 25 employees must grant leave time to employees who need medical treatment due to abuse or who require counseling or other related services from a domestic violence shelter. Should your employer say otherwise, have an FMLA attorney Newport Beach employees know cares about them handle this situation.
When you need a lawyer for FMLA violation Newport Beach, schedule a consultation with us immediately. Upon doing so, you will have to work for a lawyer for medical leave denial Newport Beach workers always count on to protect their rights and make employers do the right thing.