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Family Leave & Medical Leave
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Family Leave and Medical Leave
The Family Medical Leave Act (FMLA) and California Family Rights
Act (CFRA) require an employer to provide temporary family or
medical leave to eligible employees, and mandate that an employee
may return to either their original position or a comparable position,
if the original is unavailable. Failure to provide for medical leave
for eligible employees under these Acts may result in your employer
having to pay you damages.
Employers with 50 or more employees must allow employees
who have been with the company for over a year and worked
at least 1,250 hours in the last year to take medical leave for
up 12 weeks per twelve month period. Employers cannot fire,
suspend or discriminate against an employee who exercises
their right to take family or medical leave.
Employees may take family leave or medical leave under any of the following circumstances:
< The employee or their spouse, parent or child has a serious health condition that requires
either inpatient care or continuing medical treatment
< The birth or adoption of a child - this right may be exercised by both women and men.
What is Required of Employers
Under the Family Medical Leave Act (FMLA) and the California family Rights Act (CFRA) an employer is required to:
< Allow a total of 12 weeks unpaid leave in a one year time period
< Maintain the employee’s seniority within the company and either return the employee to the same
position they held prior to taking Medical Leave or Family Leave or to a similar position
< Maintain the employee’s benefits during the time period that they are on leave
In order for an employee to qualify to take medical leave, the employee must provide documentation from the physician to the employer regarding the medical condition and expected duration of their leave. The rules and regulations applicable to FMLA and CFRA leaves are very comples and require expert legal advice.
Healthy Workplace, Healthy Families Act of 2014: In 2015, California became the second state to require employers to provide paid sick leave to employees. Employees accrue one hour of sick leave for each 30 days' worked, which may be taken for the employee's own health condition or the health condition of a family member, including preventative treatment. Employers may cap sick leave accrual at 48 hours and may limit employees to taking 3 sick days a year. It does not need to be paid out upon termination, but an employer cannot retaliate against an employee for requesting or taking sick leave.
If your employer has wrongfully violated your rights to take Family or Medical Leave, or if you have been retaliated against as a result of exercising your right to take leave, please fill out our Employment Law Case Evaluation Form. A representative from our office will contact you after we have fully reviewed the information provided.
For immediate assistance, call Employment Lawyer Geniene Stillwell and the attorneys at the Stillwell Law Office today at (949) 494-4744 to schedule a consultation. Attorney Stillwell will advise you as to your best course of action, help ensure that your rights are protected, and fight for monetary compensation. Don’t wait - failure to act in a timely manner could result in losing the compensation that you’re entitled to under the law. We want to make sure your employee rights are protected!
We are located in Laguna Beach, California and represent clients throughout Southern California.
Employment Attorneys at the Stillwell Law Office represent clients in employment law matters in Laguna Beach and throughout Southern California, including Orange County, Los Angeles County, Riverside County and San Bernardino County.
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Stillwell Law Office
1590 South Coast Highway
Laguna Beach, California 92651
Phone: (949) 494-4744
Fax: (949) 494-4734