Sacramento FMLA Lawyer

Across the state of California, every worker has the right to certain legal protections offered to them by the federal and state governments. These legal protections can come into play when an individual experiences an unexpected illness, the birth of a child, or must take care of an ill family member. These events can place residents in uncertain situations, and the counsel of a Sacramento FMLA lawyer can prove vital in protecting you against employer retaliation.

Some employers violate their workers’ rights. These violations may include firing a worker when they are forced to take extended amounts of medical leave due to factors outside of their control. When facing a serious medical situation, the last thing you need to be worrying about is the security of your employment. At Clark Employment Law, APC, we understand the nuances of the Family and Medical Leave Act (FMLA) and are here to ensure your protection.

Defining the Family and Medical Leave Act in California

The federal Family and Medical Leave Act is a law giving employees the right to take 12 weeks of non-paid, job-protected leave within a one-year period. Eligible situations may include:

• The employee is unable to work due to a serious health condition.
• The employee finds themselves caring for an immediate family member who has been diagnosed with a serious health condition.
• The employee has a newborn child or a new child placed with them for foster care or adoption.
• The employee finds themselves taking care of a family member who has been injured in active military duty.

Under the FMLA, the employer must reinstate the employee to their original position or an equivalent position. They must also continue to provide the employee with any group health benefits while on leave. However, the FMLA does have limits to the specific family and medical events covered under the law. A serious health condition must be a physical condition, mental condition, illness, impairment, or injury that causes or requires the following:

• Continuous treatment by a medical professional for a long-term or chronic health condition.
• A period of time after any inpatient care that causes incapacity or necessary treatment.
• Pregnancy and related situations, such as medically required bedrest, prenatal appointments, and an incapacity to perform daily functions due to morning sickness

In addition to these requirements, under the law, a family member must be the employee’s spouse, parent, or child.

How Clark Employment Law, APC, Can Help

Situations in which an employer violates the rights awarded to their employees under the Family and Medical Leave Act are hardly ever simple. Filing a claim can be a complicated process and the surrounding laws can offer confusion to those simply trying to exercise their rights. When this happens, you deserve the personal care and counsel of a trusted employment lawyer.

At Clark Employment Law, APC, we have the understanding and knowledge needed to file a successful claim. Situations involving FMLA can be overwhelming at times, and we want to offer a guiding hand so that the process can move as quickly and effectively as possible. No matter what dispute you are facing involving the Family and Medical Leave Act, having the right counsel and legal representation can make all the difference in the outcome of your case.

Common Types of Compensation Available in FMLA Violation Claims

If you believe your rights under the Family and Medical Leave Act have been violated by your employer, you have the ability to file a claim and should do so with the assistance of a skilled FMLA lawyer. Depending on the circumstances of your unique case and the damages you have suffered, there are several kinds of compensation that you may be able to pursue. These might include:

• Front pay. If a situation regarding reinstatement is not plausible or possible, you may be entitled to front pay or compensation for future wages and benefits.
• Back pay. The employee may be entitled to the salaries, wages, and benefits that they would have received had they not been wrongfully terminated or denied their rightful FMLA leave.
• Compensatory damages. These damages refer to compensation awarded to the employee for any financial losses, such as expenses paid out of their own pocket that were related to the violation of FMLA-like medical bills or job-search costs.
• Punitive damages. There are some cases where the employer may be found to be acting in a malicious or egregious way, and punitive damages may be awarded to punish them and mitigate any future occurrences.
• Emotional distress damages. These damages refer to compensation awarded to the victim for any mental anguish, pain and suffering, or emotional distress caused by the FMLA violation.
• Reinstatement. There are some cases in which an employee can be reinstated to the former position and receive the same benefits, salary, and status that they would have maintained if the FMLA violation had not occurred.
• Costs and fees of an attorney. In certain successful claim cases, the victim may be able to recover the costs of their attorney and any other legal expenses incurred while pursuing legal action.

Do keep in mind, however, that the compensation you can seek is entirely dependent on the nature of the FMLA violation you suffered and other factors regarding your case. This is why it is so important that you retain legal counsel and representation to review your case and decide on the wisest course of action when pursuing compensation.

FAQs

Q: When Requesting FMLA Leave of Absence, Do I Need to Give My Employer My Medical Records?

A: No, if you are requesting a leave of absence under the Family and Medical Leave Act, you do not have to give your employer your medical records. However, your employer does have the right to request that you provide them with the necessary medical information or certification that details the medical facts in order to establish that your medical condition does exist.

Q: What Are Some Tips for Writing a Leave of Absence Request?

A: In California, your leave of absence request must clearly state that you are requesting this leave and give adequate reasons as to why. You should include the dates you are planning on being away from work when you expect to resume your work and enough evidence to allow your employer to review your request.

Q: What Are Some Examples of Evidence That Can Help Prove an FMLA Violation?

A: To prove your case for compensation for an FMLA violation, there are various forms of evidence that you may use. These include but are not limited to, your employment records, any applicable medical bills or records, any documentation of retaliation on the part of your employer, such as evidence of termination or demotion, and any communication records, such as emails or letters related to your request.

Q: Are In-Laws Covered Under FMLA in California?

A: Federally and in the state, in-laws are not covered under the Family and Medical Leave Act unless the individual has acted in loco parentis to the employee when that employee was a minor. Under the FMLA, a parent is defined as the biological, adoptive, step, or foster parent to the employee who acted in loco parentis when they were a minor.

Contact a Sacramento FMLA Lawyer Today

If you or someone you love has suffered a violation of their rights under the Family and Medical Leave Act, you may be entitled to compensation. Contact Clark Employment Law, APC, today, and let us review your case. Let us handle the details and legalities while you focus on the rest, healing, and recovery of yourself and your family.