Leaves of Absence

Irvine, California FMLA and CFRA Attorneys

Understanding Rights that Govern the Workplace

Under state and federal law, employees have certain rights and protections with respect to medical leave and leaves of absence. The Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) prevent employers from firing an employee for exercising his or her rights under FMLA or CFRA, respectively. In general, an employee can take a leaves of absence for up to 12 weeks for serious health conditions or to bond with a child. In California, employees can also use any sick time they've saved to take time off to care for a family member or domestic partner. If an employer fires an employee who attempts to take a leaves of absence under the terms of FMLA or CFRA, they can be held financially liable for damages as a result.

At the employment law office of Shanberg, Stafford & Bartz LLP, our attorneys represent clients in cases involving allegations of FMLA and CFRA violations. We gather emails, review employee handbooks, and look for patterns of behavior that indicate separate or arbitrary treatment of our client on the part of their employer. To schedule an appointment and learn how we can help you, contact California Family Rights Act attorneys at Shanberg, Stafford & Bartz LLP.

Who is Eligible for Leaves under the FMLA and CFRA?

Employers who employ 50 or more employees must follow the requirements of the FMLA and CFRA. In order to be eligible for leave an employee must be employed by their employer for at least 12 months ,and must have worked at least 1250 hours during the preceding 12 months. When taking leave, employees are required to submit necessary paperwork and documentation, including appropriate medical certifications, and request leave in a timely manner. For medical leave, an employee may need to submit medical information regarding their condition or that of the family member they need to care for. Medical conditions include physical and mental conditions and those that require in-home, hospital, or hospice care.

Returning to Work - Your Rights under FMLA and CFRA

California law requires that most employees be allowed to return to his or her same job after a leaves of absence. If an employee's job has been eliminated or changed, he or she must be offered a similar job or one that offers comparable pay, development opportunities, and involves similar duties. However, if an employer can prove that an employee would have been laid off or that a comparable job isn't available, the employee doesn't have a right to return to work.

Leaves of Absence and Violations of the CFRA

Typically, the California Department of Fair Employment and Housing is responsible for investigating violations of the CFRA. In some cases, an employer may be willing to reach a settlement in lieu of litigation; in other cases, litigation may be necessary. If an employer is held liable for unlawfully denying an employee a leaves of absence, they may be required to pay back pay, attorney's fees, damages for pain and suffering, and fines. Additionally, they may be required to give an employee his or her job back.

Contact Irvine, California Family and Medical Leave Lawyers

Employers often assume employees won't fight back after they've been wrongfully terminated after taking a lawful leaves of absence. If you've been denied leave or have been fired after taking a leaves of absence, contact employment law attorneys at Shanberg, Stafford & Bartz LLP today to schedule an appointment to discuss your case.