Burbank Family and Medical Leave Act Lawyer

Burbank Family and Medical Leave Act Attorney

Every worker in the state of California has a legal right to protections offered by both the state and federal governments. These protections oftentimes appear straightforward, yet employers across California breach the rights of their workers when it comes to things like necessary medical leave. If your employer violated your FMLA rights, you need a Burbank Family and Medical Leave Act lawyer.

These violations can include an employee being fired when they must take medical leave due to factors outside of their control. Facing health difficulties or needing to care for a family member, the last thing you should be feeling anxious about is job security. Unfortunately, some employers refuse to let workers take medical leave without the risk of losing their jobs.

At the Law Offices of Miguel S. Ramirez, our knowledgeable and experienced attorneys understand the FMLA and are passionate about ensuring your protection not just as an employee but as a person.

What Is the Family and Medical Leave Act?

The Family and Medical Leave Act is a federal labor law that permits workers up to 12 weeks of unpaid leave from their jobs when they suffer a serious medical condition or when the individual must care for a family member who is facing a serious medical condition.

California offers an equivalent law. The California Family Rights Act, or the CFRA, allows workers the ability to care for their medical needs or the needs of a family member without having to be concerned about finding themselves fired from or replaced at their place of employment.

Under the FMLA and CFRA, situations like pregnancy complications, maternity or paternity leave, and the care of yourself or a family member due to a serious medical condition are all covered. These medical conditions can be any injury, impairment, illness, or mental or physical condition that requires care or long-term continuous management by a healthcare provider.

Why You Should Hire a Trusted Burbank FMLA Lawyer

The reality is that cases involving FMLA or CFRA are hardly ever simple. You might think that you can easily file your own claim in Burbank and hold the employer accountable for their actions. Unfortunately, a filing like this can instead lead to complex legal proceedings that can be difficult to deal with on your own, especially when you’re trying to take care of your health or the health of a loved one.

For over 20 years, the team at the Law Offices of Miguel S. Ramirez has been practicing law and treats each case and client with the personal care they deserve. No matter how simple your FMLA dispute appears to be, having the counsel and representation of a trusted Burbank Family and Medical Leave Act attorney can make all the difference when it comes to fighting for the most positive outcome.

Requirements Under FMLA in California Employment

In order to qualify for the benefits put in place by the FMLA, certain criteria must be met by both the individual and their employer:

• The employer must employ more than 50 individuals within a 75-mile radius.
• The employee can only qualify if they, their parents, their children, or their spouse suffers from a serious medical condition.
• The serious medical condition suffered requires inpatient care and causes incapacitation lasting at least three consecutive days.
• The employer must reinstate the employee to the same rate of pay, benefits, and job duties when they return from leave.

However, the CFRA, updated in 2021, amends certain criteria:

• The employer must employ at least five individuals.
• Family members can include adult children, siblings, grandparents, grandchildren, and domestic partners.

It is also important to keep in mind that in the state, you do not need to mention the FMLA to be entitled to its protections. As soon as you notify your employer of your serious medical condition, they must legally grant you the necessary leave.

Compensation Available in a Violation of FMLA Request

If you or a loved one has been denied the legal rights and protections provided under the FMLA or the CFRA, it may be time to seek legal assistance. At the Law Offices of Miguel S. Ramirez, we are passionate and ready to help secure the compensation you deserve. This can include:

• Non-economic damages such as pain and suffering.
• Court costs and legal fees incurred during the claim.
• Reinstatement of employment if desired.
• Accessibility to any necessary accommodations when returning to work.

FAQs

Q: Can You Be Terminated While on Disability?

A: In California, employers cannot take any negative action against an employee based purely on the existence of a disability. These actions may include laying off the employee or firing them. However, an employer may fire or lay off a disabled employee for other legitimate reasons as long as these reasons have nothing to do with the disability.

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

A: California operates under several leave-of-absence laws that are designed to protect employees who need time off due to a family emergency, personal health issues, pregnancy recovery or complications, or the birth of a new child. These laws include, but are not limited to, the New Parent Leave Act, the California Family Rights Act, the Fair Employment and Housing Act, and the Healthy Workplaces, Healthy Families Act.

Q: When Was CFRA Enacted?

A: The California Family Rights Act was originally enacted in 1993. However, the act was updated in 2021 to expand certain provisions, such as the family members included under the act and how many employees must be employed by the workplace. This expansion dramatically changed the landscape of employment leave.

Q: Can My Employer Deny My FMLA Request?

A: In California, employers cannot deny any request when the employee is eligible for leave and requests it under the Family and Medical Leave Act. Employers also cannot retaliate against their employees after leave is requested, including firing them or replacing them while they are on leave.

Contact a Burbank FMLA Attorney Today

At the Law Offices of Miguel S. Ramirez, we understand the stress and uncertainty that come with an FMLA/CFRA dispute. The last thing you need while being concerned for your health or that of a loved one is to have to worry over the complex legal matters involved.

Contact our firm today and let us pursue your claim while you focus on taking the necessary steps to heal and care for yourself or an ailing family member. We will meticulously comb through every detail of your case, determine what compensation you may be entitled to, and help you navigate each step in the legal process. We are here to help.