You Have a Right to Take Family Medical Leave Without Retaliation
By federal and California law, workers employed by a business with more than 50 employees are entitled to take a leave of absence for personal family health reasons. Under provisions of the Family Medical Leave Act (FMLA), employees may be eligible for leave after working for their employer a minimum of 12 months and at least 1,250 hours. Additionally, regardless of the size of your employer or length of service, if you are pregnant, you are entitled to take leave due to pregnancy disability and to bond with your baby.
Not every employer is required to follow the regulations of the Family Medical Leave Act, but most businesses of any size in Southern California are included. If your employer meets the requirements, you qualify to take an unpaid leave of absence for any of the following reasons:
- for the birth and care of the newborn child of an employee
- for placement with the employee of a child for adoption or foster care
- to care for an immediate family member (spouse, child, or parent) with a serious health condition
- to take medical leave when the employee is unable to work because of a serious health condition
Under provisions of the Family Medical Leave Act, upon return from your unpaid leave your employer must offer you the same job or comparable job responsibilities, including pay and benefits. If you have been denied family medical leave, or have lost earnings, responsibilities or your former job upon return from FMLA, your employer may be in violation of the law.
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The employment litigation attorneys at Fernandez & Lauby LLP are recognized throughout Southern California for our aggressive representation of workers who have suffered injustice, discrimination and violations of their rights on the job. We are seasoned, knowledgeable trial attorneys who will work hard to mediate or litigate your case and help you recover your job and the compensation you are entitled to, including punitive damages.
Contingency fees: If your case has merit, we will represent you on a contingency basis. You won't pay attorneys fees unless we help you recover compensation for lost earnings and punitive damages that may be negotiated or assessed against your employer in a trial.
From our three convenient offices in Riverside, Palm Desert and Irvine, we represent clients in litigation matters relating to family medical leave throughout Southern California. Call us toll free at 888-959-8508 or contact us by e-mail today to arrange a free consultation with one of our lawyers.