There is no way for anybody to predict when they may need time off from work to care for themselves or for their family members. In California, employees receive protection under both state and federal law in these situations. However, there are times when employers retaliate against or even terminate employees who use their legally protected leave. At the Marcarian Law Firm, P.C., we are here to help if you need a Los Angeles Family Medical Leave Act denial attorney. Let our team conduct a complete investigation into your case so we can secure any compensation you may be entitled to.
The Family Medical Leave Act (29 U.S.C. 2601 et seq.), is a federal law. There is a California counterpart to that called the California Family Rights Act (CFRA, California Government Code Section 12945.2). Many times you will see that California has an overlapping law to a federal law that is stronger (or weaker) in one or more aspects. Both laws apply concurrently and the employee can invoke the strongest provisions of each.
When you are talking about the FMLA, you should include the CFRA. Essentially, these are laws that require an employer who employs 50 or more employees to allow an employee a total of twelve weeks during a twelve-month period for unpaid leave for an illness or medical condition affecting themselves or their family members. It must be a serious health condition.
California also has something called the Paid Family Leave (PFL) or Family Temporary Disability Insurance (FTDI) program (California Unemployment Insurance Code Sections 2601 et seq.) This allows any California employee who had paid into the State’s Disability Insurance program (SDI) to get up to 6 weeks paid leave of absence for a seriously ill family member or to bond with a newborn baby. There are some limitations and other requirements, but California was the first state to implement such a program and led the way nationwide.
If you are denied a request under FMLA (or CFRA), you want to make sure that you definitely have a well-documented case, preferably in writing. Many times, people will contact us, and they have nothing in writing and cannot tell us who they talked to or when they talked to them. Documentation is very important.
If you or somebody you love has been retaliated against or fired from your job for using your allowable Family Medical Leave Act time off, contact the team at Marcarian Law Firm, P.C. as soon as possible. Our attorneys have extensive experience handling these claims, and our goal will be to obtain justice and compensation on their behalf. We strive to recover the following for our clients: