FMLA Leave Protection In California Employment Law
12 weeks is a long time. So while you're recovering or taking care of a severely ill family member, your boss might find someone to take your place in the meantime.
That said, what does that mean for your and your job position? Do you lose it? Can you be fired?
Here's what our experienced, prescreened Labor Law Lawyers in California have to say:
Can I Lose My Job Position During An FMLA Leave In California?
After your FMLA/CFRA leave, your employer is required to either:
Reinstate you to the same or comparable position.
If you cannot be reinstated to the same job position, your company should offer you a job similar to your previous one (it pays similarly and has comparable responsibilities or job duties)
This is because employers will sometimes find someone to replace you while you're on leave. However, you cannot be fired for taking an FMLA leave in California. If you've been fired, you can file a California wrongful termination claim.
When this happens, contact Labor Law Lawyers in California ASAP.
Am I Qualified For An FMLA Leave In California?
To be eligible for leave under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), you must:
Have at least 12 months of employment with the employer as of the start of the leave
Must have worked at least 1250 hours in 12 months
Must have worked at a place of business where the company has at least 50 workers within 75 miles
Eligible employees can take up to 12 work weeks of unpaid leave during any 12 months under the FMLA and CFRA.
If you're unsure whether you qualify for FMLA job-protected leave, you should contact one of our prescreened Los Angeles Labor Law Lawyers. An experienced attorney can assess your case and advise you on your best legal options.
How Many Weeks Of FMLA Do You Get In California?
You can take up to 12 weeks of unpaid leave under the FMLA for personal or family reasons. Whether you take those 12 weeks at once or in installments is entirely up to you. Your employer might let you take more time off than 12 weeks, but the FMLA does not apply to that additional period.
Get it in writing and sign it if your employer agrees to grant you more vacation time. Additionally, your employer should promise to provide you the same job with the same income, or something comparable, when you return.
If you're facing an employment dispute because of your FMLA rights, get a prescreened California Labor Law Lawyer ASAP. After all, most employers will never admit to violating your employment rights. Prescreened Los Angeles Labor Law Lawyers can represent you in negotiations and hold your erring employer responsible for your losses.
I Was Fired At The End Of My FMLA Leave In California. What Should I Do?
Your employer is also required to reasonably accommodate your medical circumstances, including by granting unpaid leave in addition to the 12 weeks specified under the FMLA/CFRA, as long as they have enough employees.
In addition, your employer is required to provide you more time off unless doing so would put an "undue hardship" on the business.
Employees are occasionally informed that their positions are "no longer available" or that they have "resigned." If this occurs, you may have grounds for a wrongful termination claim in California.
Furthermore, if you experience discrimination from your employer for taking a leave of absence or for having a disability if you are treated differently from other workers when you return from that absence. When this happens, you can sue for workplace disability discrimination in California.
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