San Bernardino FMLA Lawyer

San Bernardino FMLA Attorney

Eligible California workers who take time off work for family or medical-related purposes enjoy protections under both federal and state laws. The federal Family and Medical Leave Act and the related California Family Rights Act protect workers from being discharged or retaliated against if they seek benefits from either program. If your employer tries to deny your rights, you can work with a San Bernardino FMLA lawyer who can protect your rights under state and federal law.

Why Might I Take FMLA Leave?

The Family and Medical Leave Act allows eligible workers to take unpaid time off for medical and family purposes. Under the act, an employer cannot terminate the worker for taking time off for an eligible reason. An employer also cannot discontinue the health insurance coverage of a worker when they take leave from work under the FMLA.

Eligible workers may take time off work to:

• Care for a newborn child
• Care for a newly adopted child
• Care for a child, spouse, or parent who is ill
• Undergo treatment for an illness, injury, or condition
• Handle a qualifying emergency

If an employee qualifies for these reasons to use the FMLA, they may take up to 12 workweeks off within a 12-month period.

Employer Obligations Under the FMLA

If you are eligible to take FMLA time off work, your employer cannot terminate your position simply because you exercised your rights. Your employer cannot retaliate against you, either. Under federal law, your employer must provide job security for you while you are gone. Once you return, you must be given the same or a comparable position.

If your employer needs to hire additional workers to cover for you while you are absent, this cannot be used as grounds for not restoring your original position once you return. Your employer cannot take adverse actions against you simply for asking for FMLA time off. If you experience any form of retaliation after notifying your employer of your intention to take protected time off, you can hire an attorney to protect your rights under state and federal law.

Why You May Need to Hire an Attorney

There are many situations where you may need the legal assistance of an employment attorney. If your employer becomes hostile toward you or complains about your time off, that could be a violation of federal law. Your employer may not take adverse action against you for utilizing up to 12 weeks of time off if you take it for a qualifying reason.

You may need an attorney if you return to work and find that you are not given the same or an equivalent position at work. You must be restored to the same working conditions and given the same seniority and benefits that you had before you took time off under the FMLA.

Another reason you may need the services of an FMLA attorney is if your employer fails to pay your medical insurance benefits or alters those benefits in any way. Violations of the FMLA can lead to a cascade of financial hardships that can be addressed through swift legal action by your attorney.

For example, the loss of a job can lead to financial strain on you and your family. You may also endure emotional duress due to the financial strains caused by your employer or former employer. Any damages you incur can be addressed by your attorney, who can seek compensation for your economic damages.

FAQs

Q: How Long Does an Employer Have to Hold Your Job for Medical Leave in California?

A: If you qualify for FMLA time off work, you are entitled to upwards of 12 weeks off work. During that time, your employer must hold your position for you or at least provide an equivalent position once you come back. You cannot be punished for using part or all of the allotted 12 weeks that you are allowed to take off within one business year.

Q: What Are the Leave of Absence Laws in California?

A: The leave of absence laws in California include the Federal Family and Medical Leave Act and the California Family Rights Act. Both acts protect the right of qualifying workers to take time off for specific reasons, namely for medical and family-related reasons. If you have questions about whether you qualify for FMLA time off work, you can consult with an attorney who is familiar with employment law.

Q: Can You Terminate an Employee After 12 Weeks of FMLA Leave in California?

A: If there is a legitimate reason to terminate an employee after 12 weeks of FMLA, an employer may be able to do so. If the terminated worker had a positive history of work reviews, the termination may be questionable. Workers who can prove that they were terminated for reasons tied to the FMLA can take legal action against their former employer.

Q: What Do I Do If I Return to Work and I Was Given a Lower Position?

A: If your employer took any adverse action against you, an attorney can help restore you to your former position. Under the FMLA, your employer must protect your employment, along with your seniority and benefits. You may be given an equivalent job if you find that position acceptable, but you cannot be demoted in any way.

Q: Can I Collect Unemployment While on a Leave of Absence in California?

A: If you take FMLA time off work, you are generally not considered to be unemployed, especially if your intention is to return to work within the 12-week period. Each case is unique, so consult with an employment attorney before trying to collect unemployment payments while on a leave of absence.

Schedule Your FMLA Consultation Today

At Clark Employment Law, APC, we stand up for your rights in the workplace. Our team of seasoned attorneys is committed to providing you with comprehensive legal representation if your employer has denied your FMLA rights or retaliated against you for taking protected leave. We understand the importance of family medical leave, so we fight to protect those rights. To schedule your FMLA consultation, contact our office today.