Medical Leave Claims Lawyers Costa Mesa
Taking medical leave is a necessity for many California employees, whether they face an illness or pregnancy or must take care of a loved one with a serious medical condition. Employers, however, do not always comply with state and federal laws that guarantee employees medical leave.
If you have been denied medical leave or retaliated against for taking medical leave, the attorneys at California Employment Counsel, APC, are here to protect your rights. We handle medical leave claims and other employment law matters for clients throughout Orange County and across Southern California.
California Family And Medical Leave
The federal Family and Medical Leave Act (FMLA) provides employees with up to 12 weeks of unpaid, job-protected leave in the event of a medical condition suffered by the employee or a family member, or in the event of a pregnancy or adoption of a child. If an employee qualifies for FMLA leave, it is unlawful for the employer to fire that employee or retaliate against him or her in any way. Also, employers must maintain group health benefits for the employee for that period of time.
In California, employees are also protected by the California Family Rights Act (CFRA), which offers many of the same protections as the FMLA. The CFRA provides both mothers and fathers with protected leave for bonding with their newborn or newly adopted child. Our lawyers are well-versed in the state and federal employment laws that govern medical leave issues and can provide you with the experienced advice and advocacy you need.
What You Should Know About the California Family Rights Act
Understanding your rights at work involves understanding many complicated pieces of legislation. Each law holds specific implications for your rights, and can be used to defend them. One of the most important is the California Family Rights Act (CFRA).
As a firm devoted exclusively to employment law, California Employment Counsel, APC, can explain CFRA and how you can use it to protect yourself.
What Does CFRA Provide?
The Family and Medical Leave Act (FMLA) is a well-known piece of federal legislation that protects important rights for employees who need to take time off for their own health or that of a family member.
FMLA provides for 12 weeks of unpaid leave within a 12-month period for:
- Bonding with a newborn or newly adopted child
- Caring for a child, parent or spouse with a serious health condition
- The employee’s own serious health condition
The California Family Rights Act (CFRA) goes even further in protecting workers and their rights in California in particular. CFRA:
- Treats domestic partners the same as spouses.
- Specifically grants baby bonding for fathers.
- Recognizes additional medical conditions.
Employers covered by CFRA cannot cite hardship to deny leave. The employer must continue your health insurance and all other benefits and accruals. You can spend vacation and sick days to offset the lost wages if taking leave for your own illness or injury. The law covers any combination of continuous, incremental or short-notice leave.
It is important to note that CFRA applies only after the arrival of a new child. Mothers are entitled to up to four months of pregnancy disability leave (PDL) under California law for complications of pregnancy or delivery.
What Is a Violation Of CFRA?
Any pushback or reprisal relating to a medical/family leave is a violation of CFRA, including:
- Denial of leave or false statements about your rights
- Harassment or demotion for taking time off
- Termination for requesting leave
- Termination as soon as your protected leave ends
- Failure to reinstate you to the same or comparable job
Employers may fabricate other reasons to justify firing an employee who takes “excessive” leave. Our attorneys are skilled at making the connection between the protected leave and the adverse employment action.
Free Initial Consultation · No Recovery, No Attorney Fee For Orange County Employee Cases
The employment lawyers at California Employment Counsel, APC, handle medical leave claims for clients throughout Orange County and across Southern California. Contact us today online or by telephone at (714) 462-8376 or toll free at 866-545-2415
to arrange a consultation with an experienced Orange County medical leave attorney.