Newport Beach Medical Leave Lawyer

Most employees in California are entitled to medical leave under state and federal laws. When an employer fails to supply these benefits to their workers or if they retaliate against an employee for taking medical leave, they may be violating the law. Consulting a Newport Beach medical leave lawyer is key if you are unsure what your next steps should be when you are denied medical leave at your job.

The legal team at California Employment Counsel, APC, helps you navigate the complexities of employment laws in California. Our compassionate attorneys take the time to evaluate the facts of your case and provide you with legal remedies when you are affected by medical leave violations.

Thanks to our decades of practice providing high-quality employment law representation to Orange County residents, California Employment Counsel, APC, understands how businesses operate in a busy city like Newport Beach, which gets 20,000 to 100,000 visitors daily during the summer and has a thriving local economy.

Whether you are a full-time Newport Beach employee or you work as a seasonal laborer, we assist you in holding employers accountable for violating state and federal medical leave laws, including denying your medical leave benefits or retaliating against you for taking time off.

Navigating labor laws and employment claims can be confusing. You are not alone when you work with our employment law firm. You can expect hands-on support:

• Initial Consultation. We listen to your concerns and explain your legal options after assessing your claim. We also make sure you have realistic expectations about your case.
• Tailored Legal Solutions. Medical leave violations can take various forms. Our solutions are fitted to your unique case. We help you build your claim based on your circumstances and your industry.

We work to ensure you have an optimal result in your case. Our team works on:

• Filing the Right Paperwork. When you are dealing with an employment claim, failing to adequately complete required paperwork or submitting it through the incorrect channels can cause delays or denials of your case. We take care of those aspects of the process for you.
• Gathering Evidence. It is key to have evidence that your employer has unlawfully limited your access to your medical leave benefits. We advise you on the evidence you should collect, including documentation and witness information, to build a strong claim.

We fight on your behalf during negotiations or against their defense attorney when litigation is necessary. Our dedicated attorneys support you from beginning to end.

In 2023, 27% of private sector workers across the United States had access to paid family leave, while 89% of employees in this group were entitled to unpaid family leave under the Family and Medical Leave Act (FMLA).

These rights are available to most California workers, who have expanded medical leave rights through the California Family Rights Act (CFRA) and the Paid Family Leave (PFL) program.

Under both FMLA and the CFRA, eligible employees have the right to 12 workweeks of unpaid leave for the birth of a child, or when they adopt or foster a child, to take care of a close relative who has a medical condition, or to take care of their own medical condition.

CFRA extends these rights to those who are employed in a company with five or more employees, whereas FMLA only covers those working with a company with 50 or more workers within a specified radius.

PFL adds a layer of support for employers who are new parents or who need to take a break from work to care for their health and the health of a relative by providing financial benefits to those eligible. 

Ensuring employers comply with medical leave laws is particularly critical in the case of employees with disabilities or those who are caring for a family member with a disability. Individuals with disabilities face a significantly higher unemployment rate, 7.5%, compared to those without disability.

When employers violate medical leave laws, it places disabled employees, new parents, and working individuals dealing with health concerns at a significant disadvantage.

If your employer has retaliated against you for taking a medical leave, including terminating your employment, or if they deny requests for time off, you may have grounds to file a medical leave claim with the California Civil Rights Department (CRD).

Of all complaints received by the CRA in 2023, 410 were related to violations of California’s CFRA, including refusing an employee’s leave or retaliating against them for using their medical leave. The agency issued nearly 3,000 right-to-sue letters for violations of the CFRA that same year.

Medical leave violations occur frequently. Do not hesitate to take the following steps if you are currently facing this situation:

1. Document Requests and Denials: It is important to keep a record of your medical leave request, including the date when you requested the leave, the intended leave dates, and any response from your employer. Employers have a right to reasonable notice of medical leave requests.
2. Consult a Medical Leave Attorney: Speaking with an attorney can help clarify whether your employer has violated your medical leave rights. They can recommend the most suitable course of action if this is the case.
3. File a Complaint with the CRD: If evidence points to unlawful denial of medical leave or retaliation for use of medical leave benefits, an attorney can help you prepare a robust claim with the CRD or obtain a right-to-sue letter from the agency or the EEOC.

You deserve to be protected against unlawful work practices, and your dedicated employment law attorney at California Employment Counsel, APC, helps you obtain just compensation for your suffering.

You should not have to choose between taking care of your health and having a job. Our Newport Beach medical leave lawyers at California Employment Counsel, APC, work tirelessly to hold your employer accountable if they have violated your rights to these and other benefits.

Our compassionate legal team can support you from the start if you decide to file an employment claim against your employer. Let a knowledgeable employment law attorney take care of your employment dispute so you can focus on your health. Schedule a consultation today. Hablamos español.