Los Angeles FMLA Lawyer

Los Angeles FMLA Attorney

Navigating the complexities of FMLA regulations can be challenging, especially when balancing work and personal health needs. If you’re seeking legal assistance, a Los Angeles FMLA lawyer can provide the guidance you need. At The Law Offices of Reisner & King LLP, our dedicated team focuses on FMLA cases, ensuring you understand your rights and receive the benefits you deserve. Trust us to advocate for you and secure the leave protections you’re entitled to.

The Paid Family Leave Program in California and Its Effects on Workers

If an employee has to take time off work to care for a chronically ill family member or to bond with a new infant, they can apply for partial income replacement benefits through California’s Paid Family Leave (PFL) program. In contrast to the FMLA and CFRA, which guarantee leave that is not protected by employment, this program is distinctive in that it primarily aims to provide financial assistance.

Eligibility and Benefits:

Contributions to the State Disability Insurance (SDI) program made by employees while employed are a requirement for PFL eligibility. Even part-time workers are usually covered by this. An employee is eligible for SSDI benefits if they have made payments into the program within the five to eighteen months prior to the claim.

A maximum of eight weeks out of every twelve months can be received by eligible employees, with the amount ranging from sixty percent to seventy percent of their weekly pay. Flexible scheduling allows families to take advantage of this benefit when they need it most, whether that’s to bond with a new baby, adopt a kid, or care for a loved one with a terminal illness.

How to Apply:

Applying for PFL benefits involves submitting a claim to the California Employment Development Department (EDD). The application process requires detailed information, including personal identification, employment history, and the reason for the leave. For bonding claims, proof of relationship, such as a birth certificate or adoption papers, is necessary.

For caregiving claims, a medical certificate from the family member’s healthcare provider is required. The EDD reviews the application, and once approved, benefits are dispersed via debit card or check.

Legal Protections Against Retaliation for Exercising Leave Rights

Understanding Retaliation:

Retaliation, the most common act of employer misconduct, occurs when an employer takes some adverse action against an employee for exercising any legal right they have as an employee, including by taking or making an attempt to take parental or medical leave under FMLA, CFRA or California’s Paid Family Leave program.

Retaliation can include firing the employee, reducing their pay or hours, changing their working conditions, or otherwise discriminating against or singling out the employee on the basis of their protected activity under FMLA, CFRA, or California’s PFL.

Protections Under FMLA, CFRA, and FEHA:

The FMLA and CFRA both explicitly prohibit employers from retaliating against employees who take leave. Employees who are eligible for these leave programs are entitled to return to their same or a comparable position without facing discrimination or adverse employment actions.

Furthermore, California’s Fair Employment and Housing Act (FEHA) provides additional protections against workplace discrimination and retaliation. FEHA covers employers with five or more employees and prohibits retaliation not only for taking leave but also for participating in any related legal proceedings or complaints.

How to Respond to Retaliation:

Employees who feel they have been the victim of retaliation because they used their leave entitlements should act swiftly to safeguard themselves. Before anything else, they need to keep track of when, when, and what kind of retaliation they faced, as well as any conversations they had with their boss about their leave and the negative treatment they received. Evidence in retaliation claims can be strongly supported by meticulous record-keeping.

The next step is for workers to see an attorney to learn about their alternatives and rights. If you need representation or advice related to employment law, the Law Offices of Reisner & King LLP is the place to go. When it comes to FMLA infractions, employees have the option to register a complaint with the U.S. Department of Labor.

For CFRA and FEHA violations, they can lodge a complaint with the California Department of Fair Employment and Housing (DFEH). To make sure workers get the protection and pay they need, legal aids can help with these procedures.

The Law Offices of Reisner & King LLP , based in Sherman Oaks and representing clients throughout the Los Angeles area, devotes a substantial portion of its legal practice to assisting victims of employee rights violations. Here, we provide some basic information about eligibility under California and federal laws that protect employees in the workplace.

For a free consultation with an attorney about your legal options in case of injury, illness, discrimination, harassment or other improper treatment, please call us at 818-981-0901.

The Family And Medical Leave Act

Under the federal Family and Medical Leave Act (FMLA), employees can take reasonable unpaid leave for family and medical reasons, including for childcare needs, medical emergencies and other reasons. Under the FMLA, employers with more than 50 employees must give up to 12 weeks of unpaid, job-protected leave to eligible employees for the birth or adoption of a child or for the serious illness of the employee or a spouse, child or parent. The act also requires that group health benefits be maintained during the leave.

To be eligible for FMLA leave, an employee must work for a covered employer for a total of 12 months, although not necessarily consecutively, and for at least 1,250 hours within the previous 12 months. Also, the worker must be employed by a business with 50 or more employees within a 75-mile radius of his or her worksite or by a public agency.

California Family Rights Act

The California Family Rights Act (CFRA) is our state law equivalent to the FMLA. Like the FMLA, the CFRA provides eligible employees with a medical leave of absence for up to three months, plus a guarantee of reinstatement to the same or a comparable job upon returning to work. The CFRA also works to reinforce FMLA protections. For example, if an employer retaliates or takes an adverse employment action because an employee exercised his or her right to FMLA leave, it is a violation of the CFRA.

The Fair Employment And Housing Act

Federal laws addressing discrimination in the workplace are primarily found under Title VII of the Civil Rights Act of 1964. California’s Fair Employment and Housing Act (FEHA) also covers discrimination in the workplace, but generally provides greater protection for employees than that provided by Title VII. For example, in addition to prohibiting the types of discrimination described in Title VII, the FEHA prohibits discrimination on the basis of marital status. Furthermore, Title VII only applies to employers that employ 15 or more employees, while the FEHA usually applies to employers with just five or more employees.

Please see our Discrimination page for a complete list of the classes protected by the FEHA.

FAQs

Q: Can My Employer Deny My FMLA California?

A: Under the Family and Medical Leave Act (FMLA) in California, an employer cannot deny your leave if you meet the eligibility criteria. This includes working for a covered employer, having worked at least 1,250 hours in the past 12 months, and having worked for the employer for at least 12 months. If these conditions are met, you are entitled to up to 12 weeks of unpaid leave.

Q: Does California Pay You for FMLA?

A: While the FMLA provides unpaid leave, California has a Paid Family Leave (PFL) program that offers partial wage replacement. Eligible employees can receive up to 60-70% of their wages for up to eight weeks while taking time off to care for a seriously ill family member or to bond with a new child.

Q: What Conditions Qualify for FMLA Leave California?

A: In California, FMLA leave can be taken for various qualifying conditions, including the birth or adoption of a child, a serious health condition affecting the employee or a family member, and certain exigencies related to a family member’s military service. Serious health conditions generally include illnesses, injuries, impairments, or physical or mental conditions requiring inpatient care or continuing treatment by a healthcare provider.

Q: Are In-Laws Covered Under FMLA in California?

A: Under the federal FMLA, in-laws are not considered immediate family members for leave purposes. However, California’s Family Rights Act (CFRA) extends leave benefits to care for a broader range of family members, including in-laws. This means that in California, you may be eligible to take leave to care for your spouse’s parents under the CFRA.