If you are sick or need to care for a family member, you may have the right to take time away from work without losing your job. Still, some employers deny leave or punish workers for asking for it.
An Irvine employment law attorney at Elite Employment Law can review what happened and explain your rights. Our firm represents employees who have been treated unfairly at work.
Why Choose Us at Elite Employment Law
At Elite Employment Law, we protect employees in Southern California. Workers turn to our firm for several reasons:
- We only represent employees: We represent workers, not employers.
- Strong record of success: We have a success rate above 97% and have recovered millions of dollars for employees.
- No recovery, no fee: There is no upfront cost. We do not get paid unless we successfully resolve your case.
California FMLA Laws
The Family and Medical Leave Act (FMLA) is a federal law that gives eligible workers up to 12 weeks of job-protected leave for certain family and medical needs. The leave is generally unpaid. Workers generally must have worked for the employer for at least 12 months and completed at least 1,250 hours of work during the prior year. The employer must also generally have at least 50 employees within 75 miles of the employee’s worksite.
Depending on the situation, an employee may use protected leave to care for their own serious health condition, care for a family member with a serious health condition, or bond with a new baby or a child placed through adoption or foster care. During FMLA leave, an employer generally must continue group health benefits under the same conditions as before the leave. When the employee returns, the employer generally must offer the same job or a virtually identical position.
California also has the California Family Rights Act (CFRA). CFRA provides up to 12 weeks of protected leave and applies to employers with five or more employees. It also covers more family members than the federal FMLA, including grandparents, grandchildren, siblings, domestic partners, and certain other people with a family-like relationship.
What Should I Do if My Employer Violates the FMLA?
An employer may violate the law by denying valid leave, stopping you from taking leave, or punishing you for using protected leave. If this happens, save records that may help show what took place. These may include:
- Emails and text messages
- Leave requests and doctor’s notes
- Work schedules and pay records
- Warning notices
- Termination papers
Write down important dates and conversations with your manager or human resources. Also, be careful about signing a severance agreement or other paperwork before you understand what rights you may be giving up.
How Long Do I Have To File a FMLA Violation Claim in California?
Under the federal FMLA, you generally have two years from the violation to file a lawsuit. The deadline may increase to three years if the violation was willful.
California claims may have separate filing rules. For example, you must generally file a complaint with the California Civil Rights Department within three years of the alleged violation. Because the deadline can depend on the type of claim, have an FMLA violation lawyer review your situation as soon as possible.
Call Our Irvine FMLA Violation Attorney Today
If your employer denied protected leave or punished you for taking it, our team at Elite Employment Law can help. Contact us today to schedule a free consultation with an Irvine FMLA violation attorney.