Understanding the Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) can be complex. This guide aims to clarify your rights, eligibility, and processes to follow if you need to take medical leave. Please contact PLBH at (800) 435-7542 if you have any questions or need legal assistance.
1. Introduction to FMLA and CFRA Claims
FMLA and CFRA provide essential rights to employees who need to take medical leave. While the FMLA is a federal statute, CFRA is California’s version, offering similar protections but sometimes covering more disabilities. Here’s what you need to know about filing a claim:
Employer’s Response
Commonly, employers may deny the required leave, leading to termination or forcing the employee to quit. You’re protected for up to 12 weeks of leave per year, entitled to your original position, and protected against retaliation.
Consult an Attorney
If you suspect a violation of your rights or retaliation, contact an attorney specialized in FMLA and CFRA to guide you through the process. Feel free to reach out to PLBH at (800) 435-7542 if you have any questions.
2. Things You Should Know About FMLA
Though many claims are filed under CFRA, it provides similar protection to FMLA but allows for filing within state court.
Protections After 12 Weeks
Employees are often wrongly told they can be terminated after using their 12 weeks of FMLA leave. Protections may still apply under the Fair Employment and Housing Act (FEHA), which may require employers to provide additional leave.
Need Help with Your Leave?
If you’re unsure about your rights or need additional leave, finding an attorney with expertise in FMLA, CFRA, and FEHA is crucial. Contact PLBH for assistance at (800) 435-7542.
3. Are You Eligible for FMLA?
Eligibility depends on various factors, including the size of the employer, how long you’ve worked, and the number of hours you’ve worked in the last year.
Other Available Leaves
Beyond FMLA and CFRA, other leaves might be available, such as those offered by FEHA. Even after 12 weeks, you may still be entitled to additional leave under California law.
Have Questions About Eligibility?
Reach out to PLBH at (800) 435-7542 for personalized assistance with your situation.
4. Recognizing Violations of FMLA Rights
This section describes a real-life scenario where FMLA rights were violated when the employer refused intermittent leave for follow-up treatment.
FMLA and CFRA Entitlements
You’re entitled to FMLA and CFRA leave on either a continuous or intermittent basis. Further protection might be available under FEHA as a form of reasonable accommodation.
Questions About Violations?
Calculating leave entitlement can be complex, and you might have questions regarding your rights. Contact PLBH at (800) 435-7542 for assistance.
5. Payment During Family Medical Leave
Generally, employers aren’t required to pay you during FMLA or CFRA leave. However, paid time off, vacation, or sick leave must be made available.
Additional Compensation Options
State disability and workers’ compensation might provide additional financial support while on leave.
Inquiries About Payment?
If you have questions about compensation while on FMLA or CFRA leave, reach out to PLBH at (800) 435-7542 to identify your rights and resources.
Consult an Attorney today
Navigating the complexities of FMLA and CFRA can be challenging. Understanding your rights, eligibility criteria, and potential violations is vital for employees seeking medical leave. Reach out to PLBH at (800) 435-7542 for legal support or any inquiries you may have.