What to Know About FMLA

Answer:

I routinely receive calls regarding employees that have taken leave under the FMLA, the Family Medical Leave Act. The FMLA is actually a federal statute, and it protects employees who become disabled or need to take medical leave either for themselves or for a family member. There’s specific requirements as to who’s eligible to take leave under FMLA and how long that leave is available.

While many people actually call the office regarding FMLA leave, for the most part we actually don’t ever file a claim under FMLA. We actually file claims, typically, under the CFRA, the California Family Rights Act. The CFRA is California’s version of the FMLA. There’s various reasons why we file claims under the CFRA and not the FMLA. The CFRA provides the same type of protection as the FMLA. It actually covers more disability and more conduct than the FMLA does. It also allows us to file claims within state court, rather than having to file a claim in federal court.

A lot of times when employees take leave under the CFRA, they take 12 weeks of leave. At the end of the 12 weeks of leave, their employer tells them that they’re on unprotected leave and that they can be terminated for any reason because they burned through their 12 weeks of FMLA leave. Our firm spends a lot of time litigating issues as to what protections an employee has, once that employee goes through 12 weeks of leave. A lot of times employers are just simply incorrect. The fact that you’ve actually used 12 weeks of leave under the CFRA doesn’t mean that your continued leave is unprotected.

There’s another area of the law called the Fair Employment and Housing Act, FEHA. FEHA also requires an employer to provide additional leave beyond 12 weeks, if that employee needs it as a form of reasonable accommodation, and it doesn’t require an undue burden upon the employer.

If you’ve taken leave or you have questions regarding leave, or you’re at a point where you’ve actually gone through your 12 weeks of CFRA leave or FMLA leave, and you still need additional leave, and the employer isn’t willing to give it to you, or you have any questions with regard to leave, it’s important that you find an attorney that can answer those questions for you. It’s important for you to find an attorney that’s litigated both FMLA claims, CFRA claims and FEHA to make sure those questions are answered. If I can answer any of those questions, please feel free to give me a call here at the office. Thank you.