Leave Of Absence Claims Under FMLA And CFRA
Many employees are confused about the rights of employees under the federal Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA). Many employers are confused too, resulting in workplace disputes and loss of time with family members when they need it most.
At Watkins & Letofsky, LLP, we represent clients in litigation involving FMLA and CFRA claims. Our employment law attorneys have a comprehensive understanding of the law regarding leave of absence rights and how to win in court and in settlement negotiations.
If you have been denied leave time in violation of FMLA or CFRA, you may be eligible for compensation, including lost wages, attorney fees and other monetary compensation.
Your Rights Under FMLA And CFRA
Some employees mistakenly believe that FMLA and CFRA allow them to take unpaid leave at any time. This is not always the case. FMLA exempts private companies with less than 50 employees (within a 75-mile radius) from having to provide unpaid leave time to employees. Those employed by public schools or government entities of any size are eligible for unpaid leave time.
In addition to working for an employer subject to FMLA, you must also have worked at least 1,250 hours over the last 12 months. If you meet these conditions, you are entitled to take up to 12 weeks of unpaid leave time when:
- You or your spouse gives birth to or adopts a child
- You must take care of sick child, spouse or parent
- You require medical care yourself
The law also states that an employee who takes leave time for these reasons cannot suffer discriminatory or retaliatory actions, including termination, demotion or sidelining.
Do You Have A Valid FMLA Claim?
There are many other restrictions and qualifications regarding unpaid leave time. In a free consultation, a lawyer at our firm can review your case and discuss your options.
Watkins & Letofsky, LLP, is dedicated to protecting the rights of employees. If your claim has merit, we will vigorously represent you.