If you need to recover from surgery, care for a sick parent, or bond with your new baby, it shouldn’t cost you your job. The federal Family and Medical Leave Act (FMLA) protects you when you need to take leave for family or medical reasons, so your employer can’t fire or punish you for stepping away when life takes a turn. Learn what these protections cover, who qualifies for FMLA leave in California, and how The Law Offices of Jacob Emrani can help if your rights are violated.
What Is FMLA?
The Family and Medical Leave Act is a federal law that gives eligible employees up to 12 weeks of unpaid, job-protected medical leave each year for qualifying family and medical reasons. When you’re on FMLA leave, your employer has to hold your position, or an equivalent one, and keep your group health benefits in place.
While the FMLA applies only to employers with 50 or more employees, the California Family Rights Act (CFRA) extends protection to more California workers. These two laws work together to give California employees some of the strongest leave protections in the country.
Who Qualifies for FMLA in California?
To qualify for federal FMLA, you need to meet the following conditions:
- Your employer has at least 50 employees within a 75-mile radius.
- You’ve worked for that employer for at least 12 months.
- You’ve logged at least 1,250 hours in the 12 months before your leave begins.
In California, the CFRA applies to employers with just five or more employees and doesn’t impose the 75-mile requirement. If you work for a small business, you won’t be protected under the FMLA but will be under California family leave laws. You still need to have worked there for at least 12 months and logged 1,250 hours in the past year, but you’ll be protected regardless of your company’s size.
What Protections Does FMLA Provide?
FMLA protects your job when you’re facing a serious health condition, caring for a family member with a serious health condition, or bonding with a new child after birth, adoption, or foster placement. It also covers certain military family situations, such as handling childcare, legal, or financial problems during a member’s active-duty deployment.
While you’re on leave, your employer must maintain your health insurance and return you to the same or a comparable position when you come back. Your employer is also barred from retaliating against you for taking leave by firing, demoting, cutting your hours, or disciplining you in any way.
How Long Can You Take Leave Under FMLA?
Under FMLA, you’re permitted to take 12 weeks of leave within a 12-month period. If you’re caring for a covered service member, your leave extends up to 26 weeks. Depending on your situation, you can choose to take the leave intermittently rather than all at once. Patients undergoing ongoing treatment or recovery often take their leave in smaller blocks so they can attend appointments without using up their entire leave all at once.
Californians are also eligible for Pregnancy Disability Leave when they’re disabled by pregnancy, childbirth, or related medical conditions. Because this four-month leave is separate from CFRA or FMLA, workers can stack it with CFRA baby-bonding leave to push the total protected time to seven months.
Both the FMLA and CFRA leave are unpaid, but you can qualify for partial wage replacement through California’s State Disability Insurance (SDI) or Paid Family Leave (PFL) programs. Your employer will often let you use accrued vacation or paid time off during your leave as well, so you’re not stuck without income during an already stressful time.
Can an Employer Deny or Violate FMLA Rights?
Employers can only deny FMLA leave if you haven’t hit the 1,250-hour mark, been employed for long enough, or the company is too small to be covered. They can also ask for reasonable medical certification to confirm your health condition and deny your leave if your request doesn’t meet the legal requirements.
Aside from these circumstances, your employer is required to honor your employee leave rights. If they refuse to grant leave for an eligible employee, don’t restore your job afterward, discourage you from taking the leave, or punish you for using it, you can take legal action.
What To Do If Your FMLA Rights Are Violated
If you think your FMLA rights have been violated, start collecting documentation of what happened. Create a file with copies of your leave request, any medical certifications, and every email, text, or written notice discussing the leave with your employer. Write down a timeline of what happened and when, and include names and dates of everyone involved.
You can use this record to file a CFRA claim through California’s Civil Rights Department or an FMLA claim through the U.S. Department of Labor’s Wage and Hour Division. There are deadlines for these claims, so you’ll need to file your claim within a limited window. Speaking with an experienced employment attorney at The Law Offices of Jacob Emrani can help you better understand which law applies to your situation, the filing deadlines, and the potential compensation you’re entitled to.
When Should You Contact an Employment Lawyer?
If you’re denied FMLA leave, fired or demoted after taking it, or pressured not to use your rights, consider contacting an employment lawyer. These cases can be confusing when FMLA, CFRA, PDL, and disability accommodation rules all overlap, so it’s best to get a professional opinion on your next steps.
The experienced attorneys at The Law Offices of Jacob Emrani can evaluate your case, deal with your employer on your behalf, and pursue solutions such as reinstatement, back pay, and other damages. If your claim is denied or your employer refuses to resolve it, we can also file a lawsuit on your behalf and represent you in court to seek compensation for lost wages, emotional distress, and attorney fees.
Think Your FMLA Rights Have Been Violated? Contact the Law Offices of Jacob Emrani
When you’re dealing with a serious health condition or caring for someone close to you, the last thing you should be worrying about is whether your job will be waiting for you when you get back. At The Law Offices of Jacob Emrani, we’re here to help you stand up for your rights. We’ve spent more than 25 years fighting for Californians’ rights and helping them get the compensation they deserve.
So if you think your leave rights have been violated, call Jacob to speak with our employment lawyers in Los Angeles and receive a free, no-pressure consultation.