The Family Medical Leave Act, or FMLA, is a federal law; the California Family Rights Act, or CFRA, is essentially the state of California’s counterpart of the FMLA. The majority of the time, by the time a person contacts an attorney for help with FMLA claims, the employer has already been notified that the employee requires leave, and either just denies the leave and fires them, or the employee wants the leave, is denied it, and then has no choice but to quit.
Employees who meet the requirements for up to 12 weeks of leave per year are protected by the FMLA and the CFRA. You have the right to maintain the same position that you did when you took the leave, as well as the right to be protected from being fired in retaliation. It’s crucial for you to speak with an attorney who can answer your questions if you believe that you have experienced retaliation or that your rights have been violated in relation to the FMLA or the CFRA. Contact PLBH at (800) 435-7542 now for help.
Vital Information About the FMLA
The FMLA, which is actually a federal law, offers protection to workers who get ill or injured and need to take time from work for their own or a family member’s health. Who can take a leave of absence under the FMLA and how long that leave is available are subject to particular conditions.
Despite the fact that many people call PLBH to inquire about FMLA leave, we seldom submit an FMLA claim. The CFRA, or California Family Rights Act, is the law under which we frequently file cases. The FMLA is known as the CFRA in California. There are several explanations for why we submit claims under the CFRA rather than the FMLA.
Similar protection is offered under the CFRA and the FMLA. In comparison to the FMLA, it really covers broader conduct and disability. Additionally, it enables us to make claims in state courts as opposed to federal courts.
Employees frequently take 12 weeks off when taking leave under the CFRA. Their employer notifies them that they are on unprotected leave and that they are subject to termination for any reason after the 12-week period of FMLA leave has expired.
You Could Be Eligible for More Than 12 Weeks of Protected Leave
You are still entitled to 12 weeks of leave under the CFRA even though you have already used those 12 weeks. A different area of law is known as the Fair Employment and Housing Act, or FEHA. According to the FEHA, if an employee needs more time off than the standard 12 weeks and it won’t place an excessive strain on the business, the company must grant it.
It’s crucial that you find a lawyer who can provide you with answers if you’ve taken leave, have questions about it, have actually used up your 12 weeks of CFRA or FMLA leave but still require more time off and your employer isn’t willing to grant it, or if you simply have any leave-related concerns. You should look for a lawyer who has experience with the FEHA, CFRA, and FMLA in order to ensure that those questions are addressed. You contact PLBH at (800) 435-7542 now for help.