Marina del Rey Family and Medical Leave Act Lawyer

Marina del Rey Family and Medical Leave Act Attorney

Facing a major medical event, such as an injury or the birth of a child, can be stressful. Ensuring that you or your Marina del Rey, CA loved one can recover fully is essential, but that is not always possible. Some people do not allow themselves time away from work to recover from a major medical event for fear of losing their job.

The fear of losing employment should never keep a worker from allowing themselves or a loved one time to recover properly. The Family and Medical Leave Act provides protection for employees who need to take time away from work for a significant family or medical event. If you need assistance understanding your rights or navigating FMLA leave, a Marina del Rey employment attorney can provide the guidance and support necessary to protect your employment and ensure proper recovery. The team at the Law Offices of Miguel S. Ramirez can help you navigate your FMLA claim to ensure you have the time off you need.

The Family and Medical Leave Act

The Family and Medical Leave Act is a law passed by Congress in 1993. It provides job security for workers who are facing a major family or medical event. This law requires certain employers to provide up to twelve weeks of unpaid leave each year to employees who are dealing with a major medical event. The employees are able to take their leave with no fear of retaliation or losing their job. If you need to take a leave of absence related to a family or medical event in Marina del Rey, it is important to know whether your employer is required to carry FMLA coverage.

Employers Who Are Required to Provide Family and Medical Leave

While it should be standard for employees to be able to take time off when they need it, not every employer is required to offer FMLA leave. There is a set list of employers that are required by federal law to offer this leave to their employees. The three primary categories of employers that are required to provide FMLA leave are:

• Public Agencies: This includes local, state, and federal government agencies. These organizations, regardless of size, must provide FMLA leave to their employees.
• Public Schools: All levels of public schools, from elementary to secondary, are required to provide FMLA leave. Again, there is no requirement for the number of employees the school has.
• Private Sector Employers With 50 Employees or More: Anyone who owns a private business and employs at least 50 people for 20 weeks of the year must provide FMLA leave.

How to Qualify for Family and Medical Leave

As with employers who must provide FMLA leave, there are also certain criteria that an employee must meet to be eligible for FMLA. They include:

• They work for a covered employer
• They have worked for this employer for at least 12 months.
• They have logged at least 1,250 hours of work during the year leading up to their leave.
• They work where the employer has at least 50 employees within a 75-mile radius.

If an individual does not meet these criteria, then they will likely not be eligible for leave under the Family and Medical Leave Act.

FAQs About Marina del Rey FMLA Law

What is the Family and Medical Leave Act?

The Family and Medical Leave Act is a federal program that was passed in 1993. The act was put in place by Congress to offer additional protection to workers around the country. The Family and Medical Leave Act places specific requirements on employers to ensure that workers’ jobs are protected if they have to miss work for any family or medical reasons. The program allows workers to take a set amount of time away from work when necessary, without fear of losing their job.

What qualifies for family leave in California?

If you need to take time away from work for family or medical reasons, it is important to understand how you can qualify for that time. There are several circumstances that qualify someone to take an FMLA leave. Some of these are:

• The birth of a child
• Needing to care for a family member with a serious illness
• Adopting or fostering a child
• Suffering from a serious illness yourself

If you are facing any of these circumstances, plus more, you may qualify for an FMLA leave.

Who pays for family medical leave in California?

The leave offered by the Family and Medical Leave Act is unpaid leave, so no one is paid during their leave. Some employers put options in place for employees to receive pay during a period of leave, but there are other stipulations attached to it. The employer may require an employee to dip into their vacation or sick leave if they want to be paid during their leave. Regardless of the specifics, if an employee wishes to be paid during their FMLA leave, they must abide by their employer’s rules.

How long does an employer have to hold your job for medical leave in California?

While taking time away from work is necessary in situations that require FMLA leave, there is a limit on the amount of time that an employee can be away. The Family and Medical Leave Act provides twelve weeks of leave for qualified employees. That is twelve weeks that your employer is required to hold your job with no penalties. It is important to note, however, that the leave provided by the FMLA is unpaid. Many people cannot afford to take the full-time when it is unpaid, but the full twelve weeks are available to you.