Experienced FMLA & CFRA Attorney in Los Angeles
When understanding and navigating the complexities of the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) in Los Angeles, you need an experienced legal partner. Leichter Law Firm, APC, stands as a beacon of legal experience in employment law, offering comprehensive assistance for individuals and businesses alike. At Leichter Law Firm, APC, our Los Angeles FMLA attorneys want to discuss the intricacies of FMLA and CFRA, explore eligibility criteria, shed light on common violations, and emphasize the invaluable role of a CFRA/FMLA in Los Angeles.
Eligibility for FMLA and CFRA Leave
FMLA and CFRA provide essential protections for employees who need time off for specific family and medical reasons. To avail of these benefits, individuals must meet specific eligibility criteria:
- Employee Status:
- Under FMLA, Employees must work for a covered employer and have at least 12 months of service.
- Under CFRA, Employees must work for a covered employer and have at least 12 months of service, just like FMLA.
- Worksite Location:
- FMLA: Eligible employees must work at a location where the employer has at least 50 employees within a 75-mile radius.
- CFRA: There is no specific geographical requirement for CFRA eligibility.
- Qualifying Events:
- Both FMLA and CFRA allow eligible employees to take leave for:
- The birth or adoption of a child.
- Severe health conditions of the employee or their family members.
- Military caregiving and exigency leave.
- Both FMLA and CFRA allow eligible employees to take leave for:
Examples of FMLA/CFRA Violations
Understanding the complexities of FMLA and CFRA is essential, as violations can have severe consequences for employees and employers. Here are some common examples of FMLA and CFRA violations:
- Denying Eligible Employees Leave: Employers may sometimes deny eligible employees their right to take FMLA or CFRA leave, which directly violates these laws.
- Failing to Restore an Employee: Upon returning from FMLA or CFRA leave, employees are entitled to be reinstated to their original or equivalent position. Failure to do so can result in legal action.
- Retaliation: Employers must not retaliate against employees for taking FMLA or CFRA leave. Retaliation can include termination, demotion, or harassment.
- Insufficient Notice: Employers must properly inform eligible employees of their FMLA and CFRA rights. Failing to do so can lead to misunderstandings and violations.
What is the Family Medical Leave Act?
The Family Medical Leave Act, commonly known as FMLA, is a federal law that grants eligible employees the right to take unpaid, job-protected leave for specific family and medical reasons. FMLA was enacted to help employees balance their work and family responsibilities without fear of job loss or retaliation.
Our Los Angles Discrimination Attorney serves the Following Practice Area:
- Age Discrimination
- Disability Discrimination
- Employment Discrimination
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- Pregnancy Discrimination
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- Sexual Harassment
- Wage and Hour Claims
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How Does FMLA Work?
FMLA provides eligible employees up to 12 weeks of unpaid leave over 12 months. During this time, employees continue to receive their group health insurance coverage, and upon returning to work, they must be reinstated to their previous position or an equivalent one.
How Can a FMLA & CFRA Attorney Help?
Navigating FMLA and CFRA can be daunting for employees seeking leave and employers striving to comply with these laws. This is where the experience of a CFRA/FMLA lawyer in Los Angeles becomes invaluable. Here’s how an attorney can assist:
- Eligibility Assessment: A lawyer can help individuals determine their FMLA and CFRA leave eligibility, ensuring that they meet all necessary criteria.
- Application Assistance: Attorneys can guide employees through applying for FMLA or CFRA leave, ensuring all paperwork is completed correctly and on time.
- Negotiating with Employers: Lawyers can communicate with employers on behalf of their clients to ensure that their rights are upheld and that any violations are addressed.
- Filing Complaints and Lawsuits: In FMLA or CFRA violation cases, attorneys can help individuals file complaints with the relevant agencies or pursue legal action against non-compliant employers.
Contact Our FMLA & CFRA Lawyers in Los Angeles, CA Today
FMLA and CFRA are essential safeguards for employees and their families in Los Angeles, California. To ensure that your rights are protected and violations are addressed appropriately, partnering with a qualified CFRA/FMLA lawyer from Leichter Law Firm, APC, is wise. With their experience, you can navigate the intricacies of these laws, secure the leave you need, and ensure that your employment rights are upheld. Contact the skilled California employment law attorney at Leichter Law Firm, APC, today to learn more about how we can assist you with your FMLA and CFRA needs.