Everyone working in California has the right to employees’ legal protections at the state and federal levels. The Equal Employment Opportunity Commission (EEOC) enforces several regulations designed to ensure fair workplace practices. The Americans with Disabilities Act (ADA) ensures that Americans with disabilities and medical conditions are able to work and thrive with reasonable accommodations from their employers. The Family and Medical Leave Act (FMLA) allows workers to take unpaid medical leave with job security when unforeseen medical issues affect them or their loved ones.
It is vital for everyone working in California to understand these legal protections so they can properly exercise their rights when emergencies arise. Unfortunately, some employers do not honor the obligations set forth by the FMLA and fire employees who are forced to take medical leave due to circumstances beyond their control. If you believe that you recently lost your job in violation of the FMLA, a Los Angeles FMLA attorney can help you hold your employer accountable.
If you understand the details of the FMLA and have proof that your employer violated their legal obligations, you might assume that you can simply file your own claim without the help of an attorney. The reality is that any employment dispute is likely to raise complex questions you may be unable to address on your own. Additionally, the situation that led to your FMLA request commands much of your time and attention. In other words, if you or a loved one were recently diagnosed with a major medical condition, you need to handle your medical needs before anything else.
No matter how straightforward your FMLA dispute appears on the surface, it will be much easier to address effectively with the help of an experienced Los Angeles FMLA lawyer. The Law Offices of Miguel S. Ramirez have successfully represented many past clients in FMLA disputes, helping them secure compensation for their damages and hold employers accountable for their actions. If you have recently experienced any violation of the rights provided by the FMLA, we can help you determine your best options for legal recourse.
It’s important to know that the California Family Rights Act (CFRA) adheres to the standards of the FMLA, so your rights to medical leave are fully protected at the state and federal levels. The FMLA not only guarantees your right to take a leave of absence for medical reasons but also provides job security upon your return. Currently, the FMLA provides up to 12 weeks of unpaid family or medical leave every 12 months.
Some of the most cited reasons for filing FMLA requests include:
When an employee files an FMLA request, their employer has the right to seek documentation that proves the medical necessity of the request. The employee’s request must provide notice of when the employee plans to take their leave and for how long. It’s important to remember that FMLA leave does not need to be consecutive. For example, an employee may request FMLA for one workday per week when their relative requires medical supervision or to attend necessary medical treatments.
When the employee’s leave period expires, they have the right to return to their job or an equivalent position. Depending on the type of work the employee performs, their employer may need to hire a new employee to take over their job duties. However, the employer cannot effectively replace the employee on FMLA leave and should only arrange such replacement on a temporary basis. If the employee requires a change to their work schedule under FMLA, their employer must make reasonable accommodations for the employee’s situation.
If you were fired after submitting a request for leave under the FMLA and/or CFRA, you likely have grounds for a wrongful termination claim. If your request was granted, but you returned to work to find that your position had been filled and was no longer available to you, you would also have grounds for legal action. If your FMLA request was denied altogether, this would also be a violation of the law, and your employer would be accountable.
If you experience any situation that aligns with the above examples, it is crucial to consult an experienced Los Angeles FMLA lawyer as soon as possible. Your legal team will help you gather the evidence you need to hold your employer accountable. In addition, a successful claim could potentially yield compensation for any financial losses your employer caused.
For example, some FMLA claims can result in back pay for time the employee should have been paid as well as the value of lost benefits. If an employer’s actions resulted in any other out-of-pocket expenses, it’s likely that the employee will be able to claim compensation for these losses as well. Finally, when an employer’s actions are egregious, they may be assessed punitive damages on behalf of the affected employee.
Under both federal law (Family and Medical Leave Act or FMLA) and state law (California Family Rights Act or CFRA), employees are entitled to medical leave benefits for their own health issues or to care for family members. Business owners who refuse to allow leave or who terminate, suspend or demote workers for taking that leave may be violating federal and state law.
Attorney Miguel S. Ramirez works to protect the rights of workers who have been denied disability and medical leave or who suffered retaliation for doing so. You can count on our experience, compassion for your situation, and proven legal skills to get results. We fight hard for the time you need with your family.
Call today: 213-340-1324. Your initial consultation is free of charge.
Under the Family and Medical Leave Act and the California Family Rights Act, employees are allowed to take job-protected leave:
No employee plans on health, medical or disability emergencies that can take him or her away from work. If you have qualified for paid or unpaid leave, and that leave has been denied, bring your concerns to the Law Offices of Miguel S. Ramirez right away. We will intervene to make sure you are able to take leave, and we will take legal action against an employer who refuses to honor your rights or retaliates against you.
We represent workers in the Los Angeles metro area and major counties of Southern California. Contact us to arrange your free consultation. You can reach us now at 213-340-1324 or contact us by email. Spanish consultations with our lawyer are available on request.
The Law Offices of Miguel S. Ramirez have years of experience guiding clients in Los Angeles through their FMLA disputes. We know the stress and uncertainty you have experienced in your situations. Unfortunately, if you are already struggling with a medical diagnosis or handling your loved one’s medical needs, attempting to handle a legal case on your own would make an already challenging situation even more difficult.
Allow us to help you pursue your FMLA dispute with confidence and assess your potential legal options with ease. Our team will carefully review the details of your FMLA situation, help you determine the damages you could potentially recover with a claim, and guide you through each stage of your case. If you are ready to discuss your legal options with an experienced Los Angeles FMLA attorney, contact the Law Offices of Miguel S. Ramirez today.