Santa Monica Family and Medical Leave Act Lawyer

Santa Monica Family and Medical Leave Act (FMLA) Attorney

California employees have federal- and state-level protections for taking time off work to address medical conditions or care for family members. The federal Family and Medical Leave Act (FMLA) provides qualifying Santa Monica employees with unpaid, job-protected leave. If you are denied this medical leave, despite having good cause, or are retaliated against for taking your medical leave, you need to find a Santa Monica family and medical leave act lawyer.

FMLA leave applies when an employee or their loved ones have emergency medical issues or need to care for a new child in the family. It provides leave for up to 12 weeks. As an employee, you have rights, including this right to medical leave. If you lost your job after taking medical leave, or had your pay or benefits cut, this could be retaliation. An employment attorney in Santa Monica, California can review your circumstances and determine if you have a retaliation claim or if your employer is violating the FMLA by denying you leave.

At the Law Offices of Miguel S. Ramirez, we can help you understand your rights and defend you if your employer is violating those rights. If you have been refused a good-faith FMLA leave request, or have lost your job while taking protected leave, you deserve compensation. We can help you protect your rights while you take the time you need to care for yourself and your family.

What Does the Family and Medical Leave Act Cover?

If an employee is covered by the FMLA, they can take up to 12 weeks of unpaid and job-protected leave within a 12-month period for one of the following reasons:

• The employee has a serious health condition that prevents them from doing the essential tasks required to do their job.
• The employee’s child, spouse, or parent has a serious health condition, and the employee needs to care for them.
• The employee has a newborn child, and the leave is within a year after their birth.
• The employee has adopted or fostered a new child, and the leave is within a year of the child’s placement.

A Santa Monica, CA employee can take up to 26 weeks of protected leave when they need to care for a child, spouse, or parent who is a covered military member with an injury or illness.

If an employee is eligible for leave and their request is in good faith, an employer is not allowed to deny the leave. An employer who denies FMLA leave or retaliates against them for taking or requesting leave is violating an employee’s rights and the law.

Eligibility Requirements for FMLA Leave

There are certain requirements that employees have to meet to take protected leave under the FMLA. These include:

• They work for an employer who is covered.
• The company they work for has at least 50 employees who are employed within a 75-mile radius of where the employee is requesting leave.
• The employee has worked for this employer for at least 12 months, although this time does not have to be consecutive if the breaks in employment have not been longer than 7 years.
• The employee has worked for a minimum of 1,250 hours during the last 12 months prior to taking leave.

An employee should also give their employer notice before taking leave at least 30 days beforehand if the employee knows of it in advance. This is not required when it is an emergency situation. An employer can request the reason for FMLA leave.

If an employee qualifies for FMLA leave, they should be able to take that leave without fear of losing their job or facing retaliation.

FAQs About Santa Monica, CA Family and Medical Leave Act Laws

What Is a Major Problem With the Family and Medical Leave Act?

Not all employees are covered under the FMLA, and the leave is unpaid. Even when employees have an emergency medical condition and protected leave, they may not be able to take the needed time off due to financial concerns.

The employer must also be covered, which includes having at least 50 employees within a certain distance. New employees are not covered, as they must have worked with the employer for the prior 12 months before taking leave. They must also have worked a minimum of at least 24 hours per week, on average, for the last 12 months. This prevents a lot of employees from taking leave when emergency situations come up.

What Is the California Law on Family Medical Leave?

The state-level protection for family and medical leave is the California Family Rights Act (CFRA). Like the FMLA, the CFRA provides job-protected unpaid leave for individuals who need to care for their own health or the health of a family member. It provides up to 12 weeks of leave for employees who qualify. Depending on an employee’s unique situation, they may be able to use the protected leave from both the CFRA and federal leave.

What Is the Difference Between the FMLA and the CFRA?

The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) are federal and state laws, respectively. They each provide employees with up to 12 weeks of paid leave if the employee qualifies.

The CFRA does not specify rules for military leave. It also does not include pregnancy as a serious health condition, preventing pregnant employees from taking leave before they give birth. The CFRA does include domestic partners as family members whom an employee can take leave to care for.

The FMLA has protections for pregnant employees, allowing up to 4 months of pregnancy leave. It also has rules unique to military leave.

Is FMLA Leave Paid in California?

FMLA leave is typically unpaid. If an employee gets paid while taking FMLA leave, it is likely because they have a specific union contract or employee contract that provides them with paid leave. Employees may also be able to use their own accrued paid sick days, vacation days, or paid time off during FMLA leave, depending on the circumstances of their leave. If none of these options exist for an employee, their FMLA leave will be unpaid.