Riverside FMLA Lawyer

Riverside FMLA Attorney

Working is an essential part of life that allows us to provide for ourselves and our families. However, any number of unforeseen circumstances can arise that may impact you or your family’s health, and these could require you to miss work to address them. The Family and Medical Leave Act was created to help protect your job while you focus on taking care of yourself or a family member. Riverside FMLA lawyers can ensure that this right is protected.

At Clark Employment Law, APC, we know how important FMLA leave is to you and your family. This act ensures that you can take the time off you need without fear of retaliation or losing your employment. Our team has the knowledge and experience to help you fight back against employers who may attempt to circumvent the law. We know our clients rely on us to help protect their livelihood, and so we work hard to defend their rights against negative actions by employers.

Family and Medical Leave Act

The Family and Medical Leave Act is a federal initiative. Under this act, employees have the right to take leave from employment while keeping their job secure. While this leave is unpaid, it also protects an employee’s rights to benefits, such as health insurance, that may be necessary during the leave.

Under the FMLA, employees are eligible for twelve weeks of leave over a one-year timeframe for any of the following reasons:

• The birth of a newborn child or the care of one within one year of their birth
• The placement of an adopted child or foster child with the employee within one year of the placement
• To care for an immediate family member, such as a child, spouse, or parent, who may be suffering from a severe illness
• A serious illness that prevents an employee from performing their job
• Any urgent need of an immediate family member who is serving in the military

In addition to these circumstances, the FMLA also provides up to six months of leave for an employee who must care for an immediate family member who suffers an injury as the result of serving in any of the armed forces.

FMLA Eligibility

To be eligible for FMLA, an employee must have worked at least 1,250 hours within the twelve-month period preceding their FMLA leave. In addition, they must work for an employer who has at least 50 employees within seventy-five miles.

Private employers are eligible for FMLA coverage if they employ fifty or more employees within twenty or more weeks of the calendar year. Public employers are covered if they are considered a federal, state, or local government agency, but they are not bound to a minimum number of employees. Local schools are also covered regardless of the number of employees in the school.

Under these rules, employees in Riverside, California may take their qualified leave for any of the eligible reasons while retaining their benefits as if they had not taken the leave. While FMLA does not mandate a paid salary, qualifying employees may take any available sick or paid time off that they have accrued during their FMLA leave. Upon coming back from leave, employees have the right to return to their same position or one identical to it.

Protections Under the FMLA

Beyond the protections of employment and benefits, employees are shielded from retaliation by their employer if they exercise their rights to this benefit. In addition, an employer may not interrupt your FMLA leave by asking you to perform any job-related duties while you are on leave. If you believe that your right to FMLA leave has been violated or interrupted, you can consult an employment law attorney in Riverside, who can inform you of your options to file a claim based on the facts and circumstances of your case.

FAQs

Q: Can You Force an Employee to Take FMLA Leave in California?

A: In California, an employer may force an employee to take FMLA leave under certain circumstances. Foremost, the employer must be covered under the legal conditions outlined in the act itself. If they are covered, they may force the employee to take FMLA leave. It is important to note that if your employer forces you into FMLA leave, your rights are still protected, but it will count against your eligible hours for taking this leave.

Q: How Do I Start FMLA Leave in California?

A: Taking FMLA leave in California is initiated when you inform your employer that you are going to take leave. You must provide 30 days’ notice to your employer and outline the specifics as to why you wish to take leave. An employer cannot deny your leave as long as it is within the parameters set for eligible employees. If you are taking emergency FMLA leave, you do not have to give 30 days’ notice, but you still need to provide a reason.

Q: What Is the Main Objective of the Family and Medical Leave Act?

A: The objective of the Family and Medical Leave Act is to provide eligible employees with protected leave and job security, should they or their families face medical situations that require extended leave. Under these benefits, an employer may not retaliate against the employee, and they must reinstate the employee at the end of the leave to the same position or an identical one.

Q: What Is the FMLA Law in California?

A: The FMLA law in California is a federal law. It protects employees if they need to take unpaid leave for certain medical emergencies or to care for an immediate family member. In addition to the FMLA, Riverside, California employees are protected by the California Family Rights Act, which also provides these and other benefits to employees in these situations.

Riverside FMLA Lawyer

Your right to take leave to care for your health needs and those of your family is an important and protected right under both state and federal laws. If you feel that your right to leave is in jeopardy or your employer is violating your leave, contact Clark Employment Law, APC. Our team puts the needs of our clients first and can ensure that your rights are protected. That way, you can continue to provide for yourself and your family.