Experienced FMLA & CFRA Attorney in Los Angeles
When it comes to 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 by your side. 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 certain 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.
- Serious 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 both 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 is a direct violation of these laws.
- Failing to Restore an Employee: Upon returning from FMLA or CFRA leave, employees are entitled to be reinstated to their original position or an equivalent one. 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 provide proper notice of FMLA and CFRA rights to eligible employees. 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 with up to 12 weeks of unpaid leave during a 12-month period. 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 a daunting task, both 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 eligibility for FMLA and CFRA leave, ensuring that they meet all necessary criteria.
- Application Assistance: Attorneys can guide employees through the process of applying for FMLA or CFRA leave, ensuring that 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 cases of FMLA or CFRA violations, 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 a wise decision. 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.