The Family and Medical Leave Act (FMLA) not only permits many employees to take a medical leave in the event that they become injured or ill, it also allows the same leave if an immediate family member suffers from a serious ailment. Employers may be resistant to accept your family medical leave claims due to the fact that you are not the one requiring rest and recuperation. If you are being denied your right to family leave for any reason, let a Pasadena employment law attorney from Pimentel Law know during a case evaluation. It may be possible to set things right through litigation.
Before you get too far in your case, you should know that not all employees are automatically eligible to receive FMLA benefits and therefore family medical leave. Additionally, not all employers are required to even offer FMLA leave.
Go down this checklist to see if you should be eligible for FMLA leave:
If you can check off each requirement on the aforementioned list, you should be eligible for up to 12 weeks of FMLA leave. If you cannot, you may be ineligible and your employer might be within their right to deny you. Do not consider that the end of the matter. There may be other options you can explore with your lawyer.
Additionally, the state of California has established the California Family Rights Act (CFRA) to ensure that employees are protected in the following situations:
If you’re employer does business in California and employs 50 or more personnel (part-time or full-time), then they are subject to the CFRA. It is important to note that non-profit, religious organizations are included, and that the CFRA applies to all state, city, and county employees.
To be eligible to take CFRA leave, you must:
To learn more about your rights under the CFRA, contact a Pasadena Employment Law Attorney from Pimentel Law.
Consider the scenario in which you are fully qualified for FMLA and CFRA benefits and leave. You and your family’s situation must meet additional requirements to trigger the necessity for family medical leave.
If your spouse, child, or parent experiences any of the following situations, FMLA leave should be granted:
You may be required by your employer to provide certification of your family member’s medical situation. This usually includes information from your health care provider, proof of care, and a doctor’s estimation of the overall duration of the injury or illness.
Many people do not receive pay from their employer upon receiving medical leave and believe this is grounds for them to file a claim or lawsuit against them. The truth is that the FMLA does not require you to get your regular salary while you are on leave. It does require that your employer provide you with employment upon your return, either the same job title or something similar with identical pay, benefits, and work schedule. You or your employer may also choose to give you any paid time-off during your family medical leave.
The Family and Medical Leave Act does permit you to either file a complaint with the United States Department of Labor’s Wage and Hour Division when you suspect your rights have been violated, or you can take the matter to civil court for resolution. As government entities are infamous for taking extended periods of time to provide help or counsel to individuals in need, it is highly suggested that you seek a civil conclusion that operates on your own schedule and timeline instead. Contact Pasadena Employment Law Attorney Pimentel today to learn more about your rights and legal options. Remember: you cannot be fired or penalized at work for filing a claim against your employer. If this does occur, Pimentel Law can also help you with a wrongful termination or retaliation case to seek further justice.
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