Westwood FMLA Lawyer

Westwood FMLA Attorney

The Family and Medical Leave Act (FMLA) is a federal landmark for workers that provides them with the ability to take time off for reasons related to their health or the health of their family. Unfortunately, many Westwood workers face challenges related to taking FMLA leave. If you believe your employer is wrongfully denying your FMLA request, a Westwood FMLA lawyer from the Law Offices of Miguel S. Ramirez can help you today.

Understanding FMLA Leave in California

The Family and Medical Leave Act (FMLA) allows qualifying employees the right to take a maximum of 12 unpaid weeks of leave each year for eligible reasons related to health and family. During FMLA leave, employees are protected from having their insurance canceled or losing their jobs.

In order for FMLA legislation to be enforced, both public and private employers must have at least 50 employees within a radius of 75 miles. This means that most businesses in California will adhere to FMLA leave if it is requested.

When Do You Qualify for FMLA in California?

Workers in Westwood and surrounding areas can take FMLA for a variety of serious family or health-related reasons. To be eligible, you will need to have worked for your employer for at least 12 months and have clocked at least 1,250 hours during the year immediately prior to your time period of requested leave.

Workers facing severe personal health issues can take time off to care for themselves under FMLA. Under FMLA, employees can also take work off to care for a close family member who is severely ill or leave work for the birth or adoption of a new child. There are certain military provisions also related to FMLA leave.

Under FMLA, eligible workers who take leave are entitled to keep their jobs and health benefits, as well as be free from retaliation from their employers. If you believe your employer is breaching your rights to take federal leave under FMLA, a skilled employment lawyer from our law firm can support you today.

How a Westwood FMLA Lawyers Can Support Your Right to Take FMLA Leave

If you are dealing with severe family or health issues at home, having a workplace dispute over FMLA leave can add even more stress to the situation. A dedicated and skilled employment lawyer from our firm can assist you with the following if you are facing legal issues relevant to FMLA leave:

• Determining Eligibility for Leave. A lawyer from our firm can look at your employment details, including hours worked in the preceding months and the size of your employer, to determine whether you are eligible for benefits under FMLA or relevant state leave benefits in California under the California Family Rights Act (CFRA).
• Filing a Complaint. If you have received an unfair denial of your leave request or have faced retaliation for taking leave, a complaint can be filed with relevant agencies, such as the California Civil Rights Department (CRD) or the US Department of Labor.
• Taking Your Case to Court. If your case cannot be solved by an agency, a lawyer from our firm can help you pursue legal action. From negotiating on your behalf to secure a fair settlement to representing your rights and interests in the courtroom, they can fight for your right to take leave and receive compensation for any damages caused by your employer.

A skilled and empathetic employment lawyer from our firm is here to help you receive the rights and protections you’re entitled to under California law.

FAQs

Q: What Situations Qualify for FMLA Leave in California?

A: Situations that allow employees to qualify for time off under the federal Family and Medical Leave Act (FMLA) in California include caring for a close family member, such as a spouse or child who has severe health issues, bonding with a newborn or adopted child who is newly introduced into the home, recovering from your own severe health issues, or caring for a family member who has been injured in the military.

Q: Is FMLA Leave Paid or Unpaid?

A: Leave under FMLA is typically not paid unless your employer chooses to do so. It’s important to note, however, that job protection is provided. This means that your current position or an equivalent position must be available to you when you return to work. You may be able to work with your employer to use paid leave, such as sick leave or vacation, to work out an arrangement that ensures your payment while gone on FMLA leave.

Q: Can I Be Fired for Taking FMLA Leave?

A: No, it is not legal to be fired for taking FMLA leave. If your employer fires you or exhibits any other form of retaliation against you for taking leave that qualifies under FMLA, they are violating your rights. If you believe that your employer is retaliating against you for exercising your worker’s rights under federal or state law, it is crucial to contact an employment lawyer as soon as possible. They can protect your rights and let you know your options.

Q: What Happens to Your Health Insurance While You’re on FMLA Leave in CA?

A: While you are taking FMLA leave, your employer is mandated to keep the same health insurance plan that you were on while you were actively working. You will, however, need to pay your part of the health insurance premiums while you are taking leave. It is recommended to consult with an employment lawyer who can help you understand whether similar California laws grant more robust worker protections and benefits related to health insurance.

Take the Leave You’re Entitled to With a Westwood FMLA Lawyer

Life is full of highs and lows. And when you hit the lows, such as experiencing the illness of a family member, it is critical to receive the support you’re entitled to under the law. If you believe your employer is breaking laws by not allowing you to take the leave you’re entitled to under California state or federal statutes, a Westwood FMLA lawyer from the Law Offices of Miguel S. Ramirez is ready to fight for you. Contact us today to discuss your case.