Medical & Family Leave
Everyone goes through periods in life when family needs require time off from work. The law protects employees who are going through such periods. Most California employees are protected under state and federal laws when they request short-term family or medical leave from work. These leave laws generally apply to employers who employ a number of employees specified in the law, and to employees who have worked for more than a year. Thus, the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) require that employers may not retaliate against, discriminate against or terminate a worker who takes leave for an approved reason, including:
- The birth of a child/maternity leave
- The adoption of a child
- A serious illness or injury
- To care for an immediate family member with a serious injury or illness
When California employers ignore these laws, they violate then law and they are violating the rights of their employees. Fortunately, there is something that affected workers can do. By calling upon an experienced employment law attorney, employees can take legal action to seek compensation for any resulting damages.
Experienced FMLA And CFRA Lawyers Serving Northern California
The Law Offices of Daniel Feder is one of the most respected employment law firms throughout San Francisco. Attorney Feder has more than 25 years of legal experience and has helped hundreds of victimized employees find solutions to complex employment law issues. He has extensive knowledge of state and federal laws surrounding family and medical leave and has secured millions of dollars in settlements and verdicts for past clients.
Our law firm addresses a range of violations, including when employers:
- Refuse an employee medical or family leave under CFRA or FMLA
- Demote a worker for taking medical or family leave under CFRA or FMLA
- Harass an employee for taking medical or family leave under CFRA or FMLA
- Decrease the pay of an employee after taking medical or leave under CFRA or FMLA
- Terminate an employee for requesting or taking medical or family leave under CFRA or FMLA
Don’t Face Employment Law Issues On Your Own. Contact Us Today.
Contact our San Francisco family and medical leave attorneys to discuss your specific circumstances. We offer free consultations to help you understand your legal position and if you have a solid claim. Call us at 415-391-9476 or complete the online consultation form.
California Family Rights Act And The FMLA
Under the California Family Rights Act, eligible employees are entitled to 12 weeks of leave in a 12-month “leave year” period. The federal leave act is called the Family and Medical Leave Act (“FMLA”).
Under these laws, employers are responsible for the following:
- Determining employees eligible for leave
- Evaluating and confirming the duration of the leave
- Reviewing, monitoring and recording intermittent and reduced scheduled leave
- Record-keeping of all notices, designations and certification of FMLA or CFRA leave
If you are an employee who is eligible for leave under CFRA or the FMLA and your employer refuses to grant you leave, or it decides to terminate or demote you when you return from leave, you should fight back. It is in violation of your CFRA and FMLA rights and you should contact us immediately.
Some examples of CFRA and FMLA violations include:
- Terminating an employee after an employee takes leave because of a serious health condition
- Changing an employee’s role after the return to work following leave
- Terminating an employee after an employee returns to work following leave to take care of a family member who is suffering from a serious health condition
- Terminating an employee when an employee complains that the employer is in violation of CFRA rights
Employers are required to provide the same health plan benefits and other employee benefits to the employee as if he or she was actively employed. Employers are prohibited from interfering with an eligible employee’s rights to take CFRA or FMLA leave, or discriminating and retaliating against an employee for taking such a leave. If your employer has violated your rights to take medical leave, you should contact The Law Offices of Daniel Feder for a free consultation.
What Are Your California CFRA Remedies?
In the state of California, employees may recover the following types of damages:
- Lost wages, salary, bonuses, employment benefits and other compensation as a result of the violation
- Interest on compensation
- Emotional distress damages
- Attorney fees
- Punitive damages
- Costs of the lawsuit
- Equitable or injunctive relief, where appropriate
The damages you can receive might be many tens of thousands of dollars or even hundreds of thousands of dollars. Don’t wait. If you believe your employer is in violation of CFRA rights, you must contact an experienced family and medical leave lawyer from The Law Offices of Daniel Feder right away. We will evaluate your situation and help you file a suit against your employer so that you can recover damages.
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