Our lives are unpredictable, and there are times when a person needs to take time off of work to care for themselves or family members for various medical reasons. Both federal and state law protect workers in these situations. Unfortunately, there are times what employers fire workers or retaliate against them for using their legally protected leave. At the Family Medical Leave Act violation attorneys are here to help secure the compensation you need if you have been wronged by your employer.
State and federal law protect family medical leave
Workers are afforded significant protections when it comes to medical leave in various situations. Both the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) afford protection to workers. These protections include up to 12 weeks of unpaid leave (this time need not be consecutive) for the following reasons:
The birth/bonding of a child or adoption of a child by the employee
The recovery from a serious health condition requiring continuing treatment or inpatient care
The serious health condition of a spouse, child, or parent
The FMLA also allows eligible employees to take up to 26 weeks in a single year period to care for an injured or ill military service member.
Under the FMLA, all employers who have at least 50 employees for at least 20 weeks in the current or previous year must afford these protections. Under the FMLA, employees must:
Have worked for the company at least a year
Have worked at least 1,250 hours the previous year at the company
Have worked at a location with 50 employees within a 75-mile radius
Under both federal and state law, employees do not have to specifically request medical leave. In many cases, the employee does not anticipate the severity of the reason they need time off and, therefore, does not properly request leave. However, employees are still protected if their employer was aware of the circumstances of their leave.
These laws protect an employee from retaliation or discrimination by their employer for exercising their rights. Retaliation and discrimination can include demotions, job reassignments, wage cuts, job relocation, creation of a hostile work environment, and more. Employees who receive health insurance through their employer are entitled to continue to receive these benefits during pregnancy disability and family medical leave.
We will get to work on your case today
If you or somebody you care about has been terminated or retaliated against by an employer for using the Family Medical Leave Act, contact an attorney immediately. At The Rager Law Firm, our compassionate and experienced team will investigate your claims in order to secure any compensation you are entitled to. This can include: