FMLA Attorneys in Los Angeles, CA
Helping Employees Make Use of Family Medical Leave in California
Have you been harassed or retaliated or discriminated against by your employer for taking or requesting a medical leave of absence?
Eligible employees can take up to 12 weeks of unpaid leave from work under the Family and Medical Leave Act (FMLA) whether they are:
- Or seriously ill
Please reach out to our firm today if you believe you are eligible for medical or disability leave but your request was denied or you were fired from your job after returning from approved leave. Call (424) 306-1515 or contact our Los Angeles FMLA attorneys online now.
How Does FMLA Work in California?
Since FMLA is a federal act, the rules are the same in California that they would be in any other state in the U.S. Any company that has a minimum of 50 employees is required to provide FMLA leave to any employees who meet the requirements.
Who Qualifies for FMLA?
The FMLA provides job-protected unpaid leave for employees who need to take time off from work for the following reasons:
- To take care of a “serious health condition” that prevents them from performing essential job functions
- For the birth of a child or providing care for a newborn
- To provide care of a family member with a serious medical condition
- To adopt a child
Qualifications for FMLA in California:
In order to qualify for leave under the FMLA, the employee must work for an employer with 50 or more employees working within 75 miles of the employee’s worksite. Eligible employees are entitled to 12 workweeks of leave in a 12-month period.
The employer also must continue providing benefits during this period. The 12-weeks of leave provided under the FMLA can be taken all at once or incrementally. After the leave period has expired, the employer must allow the employee to return to their position or an equivalent role within the company.
How to Apply for FMLA in California
In order to apply for Family Medical Leave, you will need to notify your employer of your intentions and provide them with the following information:
- Enough information about your medical condition or family member's condition to allow your employer to determine if the situation qualifies for FMLA
- Provide any necessary documentation required to prove that you or a family member have been receiving ongoing medical attention
It's important to keep in mind that if you are providing medical information to your employer, you are not required to disclose details about yours or a family member's illness, nor are you required to disclose private medical information that is protected by law.
If your employer is refusing to allow you to take FMLA leave in California, call Southern California Labor Law Group today for a free, no-obligation consultation. We are experts in medical leave laws in California and can help you fight for your rights.
How Much Notice Must I Give My Employer If I Want to Use FMLA Leave?
If you want to take leave for a qualifying illness or event that you can plan ahead for, then you must give your employer at least 30-days advance notice. If you require FMLA leave for an emergency situation, you must give your employer notice as soon as possible.
How Long Does an Employer Have to Hold Your Job While on FMLA Leave?
Under the Family and Medical Leave Act of California, you are allotted 12 work weeks of unpaid leave. During these 12 weeks, your job is protected by law. When you return to work, your employer is required to give you the same job you had before going on leave, or they must give you one with equivalent conditions (pay, benefits, seniority, etc.).
Speak to Our Reliable Los Angeles Legal Team Today
Contact our FMLA lawyers in Los Angeles if your employer has denied you medical and disability leave or refuses to give your old job back after an approved leave so that our compassionate legal professionals can discuss your case and review all the options for holding your employer accountable under the law. We take pride in helping clients in Los Angeles fight back against their employers, and we are prepared to put our extensive resources to work for you today.
If you have been denied family, medical, or disability leave, you need a Family Medical Leave Act lawyer. For a free case consultation with our FMLA lawyers, please call our office at (424) 306-1515 or fill out our online form.