When you need time off for a new baby, surgery, or gaining custody of a grandchild, federal and state laws protect you. Employers have a legal duty to grant you leave, as an employee rights attorney could explain. The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide up to 12 weeks of unpaid leave to employees who must treat an extended illness, are pregnant or recently welcomed a baby, or are faced with a family emergency.
Both Acts require employers to hold the employee’s job or a similar one open for their return and continue to provide group healthcare benefits. When you have been denied leave, a Los Angeles FMLA lawyer could assess your case and provide timely guidance.
FMLA coverage is not automatic and not all employers or employees qualify to provide or benefit from it. The rules include:
Once an employee requests FMLA leave in Los Angeles, employers must respond within five days, either confirming the leave or explaining why the employee is ineligible for it. Los Angeles employees should consult a well-practiced lawyer if they encounter issues with their FMLA request.
The FMLA and CFRA permit qualifying employees to take up to 12 weeks off for family and medical reasons, which tend to be broadly interpreted. Maternity and paternity leave are covered. Employees who adopt or foster a child are entitled to leave to help the child acclimate to a new environment. Leave is also available to attend to a family member who needs a caregiver, whether it be a spouse, parent, or child.
When employees or their family members cannot work because of mental or physical challenges, the employee can request FMLA leave. If a military service member is injured or ill, leave extends to 26 weeks. When an employer denies an FMLA request, a legal professional in Los Angeles could provide a personal assessment and determine effective legal options.
In Los Angeles, once FMLA leave is up, employees can be confident that their position—or an equivalent role—will be waiting for them upon their return. Wages, benefits, responsibilities, and duties must be identical or nearly identical to the role with the company prior to leave.
For example, a high school English teacher could be offered a similar position as a high school creative writing teacher, but not a job as secretary to the principal with less pay.
At some point in their lives, most people need to take leave from their jobs for health reasons, to grow their families, or to act as caregivers to a spouse, parent, or child. Most employers comply with the laws because it is a good way to keep employees happy and provide a balance between work and home life.
However, if your employer denies your leave request, call the attorneys at Employee Civil Rights Group for timely communications, personalized service, and aggressive representation. Let a Los Angeles FMLA lawyer show you how we value your family’s needs first.
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