Leave from work is a subject of great concern and interest to employers and employees alike. Federal and California law requires that most businesses with 50 or more employees provide up to 12 weeks of leave to their employees to treat serious medical conditions affecting the employees or their families, or for maternity / paternity leave. But determining whether a company has a duty to provide family leave, and how much leave employees are entitled to receive, sometimes involves some challenging legal analyses. The Family Medical Leave Act (FMLA) is a federal law put in place to protect employee rights and ensure they are given medical leave for a personal illness or an immediate family member’s medical condition. In California, the California Family Rights Act (CFRA) also governs medical leave for employees. However, there are some overlapping and even conflicting employee rights and employer obligations pertaining to California family leave between FMLA and CFRA.
Also, the right to family leave may overlap with rights under disability law or workers compensation law. If you need advice about whether an employee is entitled to family and medical leave, when the leave begins, and when leave ends, contact Attorney Janovsky for a consultation.
About FMLA Leave
You may be awarded FMLA leave for the following reasons:
● For a personal serious health condition
● If a family member has a serious health condition and requires your care
● For the birth of a newborn child
● If you are adopting a new child or fostering a child
● If you are needed to handle family needs because of a family member’s call to active military duty
● If you are needed to care for a family member who was injured in active military duty
In most of cases, family members refer to spouses, parents, and children. However, there are some extenuating circumstances that may allow for other family members to be included. To learn more about this, please contact the DFW employment law firm Janovsky & Associates today.
Understanding Your Rights
FMLA also protects an employee’s right to return from leave to the same position they had before medical leave. In the event your employer violates your FMLA rights or retaliates against you for exercising these rights, you may be able to take legal action. Both FMLA and CFRA are complicated in nature, and made even more so because of the conflicting information within each act. Working with an attorney who understands both laws will put you in the best position to defend your rights against your employer’s violations. Janovsky & Associates can help you recover lost pay, benefits, or other financial damages from your employer. To learn more about your rights or to schedule a consultation, please do not hesitate to contact Janovsky & Associates today. Attorney Janovsky is here to answer any questions you may have and to advise you on how to proceed.
Legal Disclaimer: The information provided on this website is not legal advice, and does not establish an attorney-client relationship. The information is provided for informational purposes only.