The Family and Medical Leave Act (FMLA) is a federal law designed to protect employees’ rights to take leave from work for family and medical reasons. In California, employees are also protected by the California Family Rights Act (CFRA), which offers similar benefits and protections. Together, these laws ensure that workers do not have to choose between their jobs and caring for themselves or their families during important life events. Understanding these laws is important for both employees and employers to ensure that everyone’s rights and responsibilities are respected. At, The Myers Law Group, APC , we are here to guide you through the legal process and help you navigate the complexities of your case.
David P. Myers
Managing Partner
Adam N. Stern
Attorney
Ann Hendrix
Attorney
Robert Kitson
Attorney
Justin Crane
Attorney
Doug Smith
Attorney
Jason Hatcher
Attorney
Morgan J. Good
Attorney
Alvin Ferrara
Attorney
What is the Family and Medical Leave Act?
The Family and Medical Leave Act is a federal law that provides eligible employees with up to twelve weeks of unpaid leave in a twelve-month period for certain family and medical reasons. The purpose of this law is to allow employees to take time off to care for themselves or their loved ones without the risk of losing their jobs. The FMLA ensures that when the employee returns from leave, they can be restored to their original job or an equivalent position with the same pay, benefits, and working conditions.
FMLA covers situations such as the birth of a child, the adoption or foster care placement of a child, the serious health condition of the employee, or the serious health condition of a family member that requires the employee’s care. It also includes situations related to a family member’s active duty military service. This protection is vital for employees facing life-changing events, allowing them time to recover or provide care without the fear of losing their job.
Who is Eligible for FMLA?
Not every employee is automatically covered under FMLA. There are certain conditions that must be met in order to be eligible. An employee must have worked for their employer for at least twelve months, though these months do not need to be consecutive. Additionally, the employee must have worked at least one thousand two hundred fifty hours during the twelve-month period prior to the leave. Furthermore, the employer must have fifty or more employees within a seventy-five-mile radius. These criteria help determine whether an employee can benefit from the protections of FMLA.
In California, the CFRA offers similar protections, but with a few differences. For example, CFRA does not allow leave for certain reasons that FMLA covers, such as leave to care for a family member injured in military service. On the other hand, CFRA offers protections for a broader range of family relationships, including domestic partners, which are not covered under the federal FMLA.
I had some issues with my employer. I called a couple of law firms. Some called back and some did not. When David Myers returned my call I found him to be down to earth and personable. He was cognitive about my issues and his knowledge of Labor Law was exemplary. My issues were addressed and handled to my satisfaction. I will recommend David Myers and his law group to anyone who asks. Thank you David.”
- Ken Fretter
The Meyers Law Group is definitely the lawyer’s you want. We got absolutely misguided by another attorney firm and Maria helped us out and got us taken care of. Maria will take the time to completely understand your case and her knowledge is well beyond the many firms we sat with.Do not! I repeat, Do not! Use another firm without talking to The Meyers Law Group first.Thank you Maria for getting us the results we were expecting."
- Koa G.
I have hired David Myers for 2 cases. The first was a wrongful termination based on my request for a reasonable accommodation under ADA law. The second case involved an employer who reneged on a written job offer/acceptance. In both cases, David was knowledgeable about the laws, presented the case well, and was supportive of me. We prevailed on both cases. I would recommend David without hesitation."
- Anonymous
What Are the Employee Rights Under FMLA?
Employees who are eligible for FMLA have the right to take up to twelve weeks of unpaid leave during a twelve-month period for the reasons covered under the law. It is important to note that this leave is unpaid, but employees may choose or be required by their employer to use accrued paid leave, such as vacation or sick leave, during the FMLA leave period. However, even though the leave is unpaid, employees are still entitled to continue their group health insurance coverage under the same terms and conditions as if they had not taken leave.
Additionally, when an employee returns from FMLA leave, they have the right to be restored to their original position or to an equivalent position with the same pay, benefits, and working conditions. This protection helps ensure that employees are not penalized for taking necessary time off for family or medical reasons.
Employees are also protected from retaliation for exercising their rights under FMLA. This means that employers cannot fire, demote, or take other negative actions against employees for taking FMLA leave. If an employee believes they have been retaliated against, they have the right to file a complaint or take legal action to protect their rights.
The California Family Rights Act
In California, employees are also protected by the California Family Rights Act. CFRA is a state law that mirrors many of the provisions of FMLA but provides some additional protections for California workers. Like FMLA, CFRA allows employees to take up to twelve weeks of unpaid leave in a twelve-month period for certain family and medical reasons. However, CFRA expands the definition of “family member” to include domestic partners, which is not covered under FMLA. This means that employees can take leave to care for a domestic partner who is seriously ill.
Another key difference is that CFRA does not cover certain types of leave that are allowed under FMLA. For example, CFRA does not provide leave for a family member’s military-related injury or illness, whereas FMLA does. Despite these differences, both laws offer important protections for employees who need time off to care for themselves or their families.
It is important for employees in California to understand that they may be eligible for leave under both FMLA and CFRA. In some cases, the two laws may overlap, but in other cases, an employee may qualify for one type of leave but not the other. Knowing the differences between these laws can help employees make informed decisions about their rights and options when taking leave.
How to Request Leave Under FMLA or CFRA
If an employee needs to take leave under FMLA or CFRA, they must follow certain steps to request the leave. The employee must provide their employer with enough notice of the need for leave. If the need for leave is foreseeable, such as in the case of an expected birth or planned medical treatment, the employee is generally required to provide at least thirty days’ notice. If the need for leave is not foreseeable, the employee should notify their employer as soon as possible.
In some cases, the employer may request medical certification from a health care provider to confirm that the employee or their family member has a serious health condition. This certification helps the employer verify the need for leave and ensures that the employee is eligible for the protections provided under FMLA or CFRA.
It is important for employees to communicate with their employers throughout the leave process and to provide any requested documentation in a timely manner. This helps ensure that the leave request is processed smoothly and that the employee’s rights are protected.
What Happens If Your Rights Are Violated?
Although FMLA and CFRA provide important protections for employees, there are instances where an employer may violate an employee’s rights. This can happen if an employer denies a valid leave request, retaliates against an employee for taking leave, or fails to restore an employee to their previous position after returning from leave. Employees who believe their rights have been violated have the right to file a complaint with the U.S. Department of Labor or the California Department of Fair Employment and Housing.
In some cases, employees may also choose to pursue legal action against their employer to seek compensation for lost wages, benefits, or other damages. This can be a complex process, and it is important for employees to understand their rights and options before taking legal action.
The Importance of Legal Assistance
Understanding the provisions of FMLA and CFRA can be challenging, especially when navigating the complex requirements for eligibility and leave. Employees who are unsure of their rights or who believe their rights have been violated may benefit from seeking legal assistance. An experienced attorney can help employees understand the details of their situation and provide guidance on how to protect their rights.
Whether you are requesting leave under FMLA or CFRA, facing a denial of your request, or dealing with retaliation from your employer, having legal representation can be crucial in ensuring that your rights are upheld. Legal professionals familiar with employment law can help you navigate the complexities of these laws and provide support throughout the process.
If you believe your rights under FMLA or CFRA have been violated or if you need assistance understanding your leave options, The Myers Law Group, APC is here to help. Our team is committed to protecting employee rights and ensuring that workers receive the benefits they are entitled to under the law. Contact us today to learn more about how we can assist you with your FMLA or CFRA concerns.